M/S R.P. Industries Thru ... vs U.O.I.Thru Secy.Food & Civil ...
2021 Latest Caselaw 6895 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 7977 of 2021
 

 
Petitioner :- M/S R.P. Industries Thru Proprietor Amool Singh & Ors.
 
Respondent :- U.O.I.Thru Secy.Food & Civil Supply New Delhi & Ors.
 
Counsel for Petitioner :- Dharm Raj Mishra,Ajeet Kumar
 
Counsel for Respondent :- C.S.C.,A.S.G.,Anurag Verma
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for petitioners, learned Additional C.S.C. and Sri Anurag Verma, learned counsel for Union of India.

Perused the order of this Court dated 22.03.2021 as also contents of impugned order. The impugned order says that quality norms of paddy are fixed by the Government of India based on scientific technique and examination and test hulling. It is not something which is within the domain of the State Government, therefore, the grievance of the petitioners that as against one quintal of paddy it is required to provide 67 Kgs. of custom mill rice to the Government, which is excessive, is not something which the State Government can consider or decide.

Learned counsel for petitioners invited our attention to para 29.1 of the State Policy regarding purchase of paddy for the Kharif Marketing Year 2020-21. We have perused the said Clause. The said Clause does not empower the State Government to enter into, consider and decide what the petitioners want to be decided i.e. the request of the petitioners that they should be asked to give only 50/60 Kgs. of custom mill rice in lieu of one qunital paddy provided to them, can not be considered under the said Clause. Moreover, the Policy is of the State Government. The said Policy is of general/ residuary in nature to remove difficulties. The subject matter in issue does not fall within the forecorners of the said Clause 29.1 of the Policy dated 04.02.2021.

Based on Clause 29.1 it is not open for the State Government to sit in judgment over any norms fixed by the Government of India based on test hulling and scientific technique as observed in the impugned order.

At this stage, learned Additional C.S.C. informs the Court that Government of India vide its circular dated 25.10.2011 has fixed the O.T.R. (Out Turn Ratio), which in this case, as informed by him, is 67 per cent of custom mill rice in lieu of 1 qunital paddy.

We asked learned counsel for petitioners to satisfy the Court as to how the reasoning given in the impugned order is bad on facts or in law but he could not show that the State Government was empowered to enter into this dispute and decide it. We accordingly do not find any merit in this petition and dismiss it. If the petitioners have any remedy before the Government of India it is open for the petitioners to avail the same.

Order Date :- 1.7.2021

Vinay/-