Shree Bhawani Mill vs G.M., Food Corporation Of India ...
2014 Latest Caselaw 4397 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 42216 of 2014
 

 
Petitioner :- Shree Bhawani Mill
 
Respondent :- G.M., Food Corporation Of India And 7 Others
 
Counsel for Petitioner :- Ramendra Asthana
 
Counsel for Respondent :- C.S.C.,A.S.G.I. 2014/10285,R.K. Singh,Satish Mandhyan
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

The petitioner contends that he has been deprived of the Arahatia Commission (Dami) which is one of the statutory charges duly approved by the Central Government vide order dated 17th February, 2014 for the sessions 2013-14, a copy whereof has been annexed as Annexure 16 to the writ petition.

Learned counsel submits that even for the previous years 2004-05 and 2005-2006, the State Government had come up with an explanation that such inclusion of Arahatia Commission in the policy appears to have been left out by mistake.

Sri Asthana submits that the same has been repeated this year and the State Government has not included it in the statutory charges.

The respondent Food Corporation of India has informed the petitioner about the same that since the said item is not included in the statutory charges in the policy framed by the Central Government which has to be implemented by the State Government, therefore, such a claim or payment cannot be considered by the Food Corporation.

Learned Standing Counsel has accepted notices on behalf of the respondent nos.3, 5, 6, 7 and 8 is directed to file a counter affidavit within three weeks. Other learned counsels appearing for respondent nos.1, 2 and 4 may also file their affidavit in this regard within three weeks.

List thereafter.

Order Date :- 13.8.2014

Ajay