High Court Punjab-Haryana High Court

Harinder Singh And Others vs State Of Punjab And Others on 26 October, 2009

Punjab-Haryana High Court
Harinder Singh And Others vs State Of Punjab And Others on 26 October, 2009
CWP No.16218 of 2009                                                 [1]

IN THE HIGH COURT OF PUNJAB                        AND HARYANA AT
                CHANDIGARH.



                               C. W. P. No. 16218 of 2009

                               Date of Decision: 26 - 10 - 2009



Harinder Singh and others                                 ....Petitioners


                               v.

State of Punjab and others                                ....Respondents



CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

                               ***

Present:    Mr.J.S.Bhandohal, Advocate
            for the petitioners.

            Mr.Anil Kumar Sharma, Addl.A.G., Punjab
            for the respondents.

                               ***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Mr.Inderdip Singh, Joint Director, Rice Milling, Department of

Food, Civil Supplies and Consumer Affairs, Punjab is present in Court. He

has placed on record a written note signed by the Food and Supplies

Officer, Samana and the same read as under:-

“In this writ petition the petitioner prays that quota of

paddy for milling has not been allotted to him according to

their milling capacity as per the policy for kms 2009-10 and

paddy is being shifted out to other area arbitrarily.

In this regard it is submitted that the prayer of the
CWP No.16218 of 2009 [2]

petitioner is totally incorrect as the arrival of paddy is going on

in the mandi’s and the paddy purchased by the Govt. procuring

agencies is stored in shellers in equitable proportion as per the

provision laid down in the custom milling policy for KMS

2009-10. As per clause 8 K of CMR Policy 2009-10 of the

department has fixed a norm for the distribution of paddy

equitably from the date of procurement. A quantity of 500 MT

for every one ton capacity for the first round shall be allotted

and the second round of allotment of paddy will start only when

the first round is completed and the mill has completed the

mandatory requirements of purchase of paddy in his own

account.

As per 4 b of KMS 2009-10 surplus paddy is shifted

from one district another, one centre to another centre within a

district as per the plan approved by Director Food & Supplies.

It has further been stated in the same clause that paddy would

be allotted to millers subject to its availability with procuring

agencies, the shortfall if any, from the paddy allocation to be

made without cash security would not be arranged from other

district. The right of the miller deemed to have lapsed and the

miller shall have no claim against it. Moreover the petitioner

no.3 M/s.Sunder Agro Kadrabad as per the office record does

not exist and petitioner no.9 M/s.Gurukripa Rice Mill is still

defaulter and has not been allotted for KMS 2009-10 and they

have no claim for storage/milling of paddy.

In view of the above policy position the paddy is being
CWP No.16218 of 2009 [3]

distributed among the rice millers including petitioners also.

The petitioner have not made any request to the respondent

no.8 in this regard. In view of the above the claim of the

petitioner is baseless and need to be dismissed.”

Counsel for the petitioners state that in view of the note

provided by the Department, no grievance of the petitioners subsists and the

present writ petition be disposed of in terms of the note submitted by the

respondent-Department.

Accordingly, the present writ petition is disposed of in terms of

the note reproduced above qua all the petitioners except petitioner No.3 and

9.

( KANWALJIT SINGH AHLUWALIA )
October 26, 2009. JUDGE

RC