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SCA/620320/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6203 of 2008
=========================================================
NATIONAL
AGRICULTURAL CO-OP MARKETING FEDERATION LTD & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
TUSHAR MEHTA for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) : 1 -
2,4 - 5.
MR RK MISHRA for Respondent(s) : 3,
NOTICE NOT RECD
BACK for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 30/07/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
The
dispute raised in the present petition centres around the quality of
2840 bags of mustard seeds procured by the petitioner no.1 National
Agricultural Cooperative Marketing Federation Ltd. through the
petitioner no.2 Gujarat State Cooperative Marketing Federation Ltd.
The aforesaid procurement was made in the year 2006. It was
complained that some of the stock was contaminated by urea. Since the
procurement of mustard seeds by the petitioner No.1 and storing them
in the Central Warehouse, Rajkot, more than two years have passed. It
is undisputed that the mustard seeds are perishable goods. We are,
therefore, of the opinion that fresh sampling is required to be done
whether or not the said stock of mustard seeds is still edible. If it
is edible, how many of the bags of mustard seeds are contaminated as
alleged.
In
above view of the matter, the respondent State Government is directed
to collect the samples from each bag of mustard seeds and to get it
tested in a laboratory to ascertain whether the said stock is still
edible and the extent of contamination, if any.
It
is directed that the samples as aforesaid be collected by the
District Civil Supplies Officer, Rajkot. The District Civil Supplies
Officer, Rajkot will give notice to the petitioner no.1 at its
Ahmedabad office five days in advance. The petitioner no.1 may depute
not more than two officers to remain present at the time of
collection of samples. The samples so collected be sealed and marked
and be sent to the Government Laboratory at Vadodara for examination
of each sample. The Government Laboratory at Vadodara be informed to
give due precedence and complete the testing of all the samples as
early as possible and to submit the report to the District
Dy.Collector, Rajkot immediately. The District Dy.Collector, will,
after receipt of such report, send a copy to the petitioner no.1 at
its Ahmedabad office and will place the said report before this Court
in the present proceedings. The parties to this petition are expected
to understand the earnestness of the aforesaid order and comply with
the same scrupulously. S.O. to 10th November, 2008.
(
Ms.R.M.Doshit, J )
(
Sharad D Dave, J )
srilatha
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