Page No.# 1/5 vs The State Of Assam And 6 Ors
2022 Latest Caselaw 4486 Gua

                                                               Page No.# 1/5

GAHC010025202017




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WA/149/2017

         ALL ASSAM MODERN CHAKKI MILL ASSOCIATION and ANR
         A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT
         HAVING ITS REGISTERED OFFICE AT JADURAM SAKIA ROAD,
         HAIBARGAON-782002, DIST. NAGAON, ASSAM.

         2: SHRI SURESH KUMAR KHETAWAT

          SECY
          OF THE PETITIONER NO.1
          RESIDENT OF T.R. PHUKAN ROAD
          HAIBORGAON
          NAGAON
          DIST. NAGAON
          ASSAM

         VERSUS

         THE STATE OF ASSAM and 6 ORS
         THROUGH THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF FOOD AND
         CIVIL SUPPLIES , GOVT. OF ASSAM, DISPUR

         2:THE COMMISSIONER/SECY

          FOOD AND CIVIL SUPPLIES
          DISPUR
          GHY.

         3:THE DIRECTOR

          MINISTRY OF FOOD AND CIVIL SUPPLIES
          GOVT. OF ASSAM
          BHANGAGARH
          GHY.
                                                                        Page No.# 2/5

            4:THE DIRECTOR OF INDUSTRIES

             GOVT. OF ASSAM
             DISPUR.

            5:THE SECY

             TO THE GOVT. OF INDIA
             MINISTRY OF FOOD AND CONSUMER AFFAIRS
             DEPARTMENT OF FOOD AND CIVIL SUPPLIES
             KRISHI BHAWAN
             NEW DELHI.

            6:UNION OF INDIA
            THROUGH THE SECY
             OF THE GOVT. OF INDIA
             MINISTRY OF SMALL SCALE INDUSTRIES
             NEW DELHI.

            7:ASSOCIATION OF ROLLER FLOUR MILLS
             REPRESENTED BY ITS SECY. SRI DEEPAK MORE
             S/O NOURANGLAI MORE
             R/O G.S. ROAD
             GUWAHATI-

Advocate for the Petitioner   : MR.R DUBEY

Advocate for the Respondent : ASSTT.S.G.I.

-B E F O R E -

                  HON'BLE THE CHIEF JUSTICE MR. R.M. CHHAYA
                      HON'BLE MR. JUSTICE SOUMITRA SAIKIA



For the Appellant                  :    Mr. R. Dubey,
                                        Mr. P.K. Garodia, Advocates.

For Respondents                    :    Mr. R.K. Borah
                                        Mr. N. Das,
                                               Government Advocates

Date of Judgment & Order           : 16th November, 2022.
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                         JUDGMENT & ORDER (ORAL)
(R.M. Chhaya, CJ.)

Heard Mr. R. Dubey, learned counsel for the appellants. Also heard R.K. Borah, learned Additional Senior Government Advocate, Assam for the respondent Nos.1 to 4.

Feeling aggrieved and dissatisfied with the judgment and order dated 04.08.2016 passed in WP(C) No.5791/2007, the original petitioner has preferred this appeal. In a nutshell the challenge before the learned Single Judge was to the effect that 90% of the total allotment of PDS wheat was formerly awarded to the petitioner association whereas as per the policy decision taken by the Government of India, to distribute whole wheat instead of Atta to the consumers under the PDS, the allotment of whole wheat to both the petitioner and the Roller Flour Mill came to be discontinued. The record also indicates that earlier two writ petitions being WP(C) No.4000/2004 and WP(C) No.4782/2004 were filed which came to be disposed of by judgment and order dated 23.02.2007. As the said policy of the Government was the subject matter of challenge in the instant writ petition by the petitioner association wherein the petitioner inter alia prayed as under:

"In the premises aforesaid your petitioner prays that Your Lordships may be pleased to call for the records, issue a rule calling upon the respondents to show cause as to why a writ in the nature of Mandamus be not issued directing the respondents to cancel, recall or otherwise forbear from giving effect to the impugned Order bearing No.FSA 161/2004/131 dated 7-9-2007 issued by the Secretary to the Government of Assam, Food, Civil Supplies & C.A. Department, Dispur (ANNEXURE:-IX) and letter bearing No.FSA 161/2004/144 dated 16.10.2007 (Annexure-XV) and why the respondent authorities be not directed Page No.# 4/5

to allot PDS wheat to the Modern Chakki Mills at par with the Roller Flour Mills and/or why a writ in the nature of Certiorari be not issued quashing/setting aside the Order bearing No.FSA161/2004/131 dated 7-9-2007 issued by the Secretary to the Government of Assam, Food, Civil Supplies & C.A. Department, Dispur (ANNEXURE:- IX) letter bearing No.FSA161/2004/144 dated 16.10.2007 (Annexure-XV) and/or the purported fixation of percentage of allotment of PDS wheat at the ratio of 78% and 22% to Roller Flour Mills and Modern Chakki Mills and the conditions stipulated vide Paragraph 1 of Annexure-A of the impugned order bearing No.FSA 161/2004/131 dated 7.9.2007 issued by the Secretary to the Government of Assam, Food, Civil Supplies & C.A. Department, Dispur (ANNEXURE:- IX) and upon cause or causes being shown and after hearing the parties be pleased to make the rule absolute and/or pass such other orders as Your Lordships shall deem fit and proper.

AND During the pendency of the rule Your Lordships may be please to stay the operation of the impugned order bearing No.FSA 161/2004/131 dated 7-9-2007 issued by the Secretary to the Government of Assam, Food, Civil Supplies & C.A. Department, Dispur (ANNEXURE:- IX) letter bearing No.FSA 161/2004/144 dated 16.10.2007 (Annexure-XV) and direct the respondent authorities to monthly allot PDS wheat in equal proportion to both Modern Atta Chakki Mills and Roller Flour Mills and/or pass such other orders as Your Lordships shall deem fit and proper."

We have gone through the impugned judgment and order. We find that the learned Single Judge had thoroughly discussed the existence of Roller Flour Mills as well as the Modern Chakki Mills in the State of Assam and considering the earlier order dated 23.02.2007 passed in WP(C) No.4000/2004 and WP(C) No.4782/2004 and also having considered the binding decisions of the Hon'ble Page No.# 5/5

Apex Court as well as the aspect whether the authority had acted fairly or not, came to the conclusion that there is no violation of the directions of this Court given in its earlier order dated 23.02.2007 and was pleased to dismiss the writ petition.

We are in total agreement with the reasoning given by the learned Single Judge. The allotment comes within the realm of policy decision of the government. There is nothing on record to show that the decision making process is either erroneous or bias or malafide. In absence of any such challenge, no interference is called for.

However, it would be open for the petitioner association to approach the State government and if any such application is filed, it is expected that the authorities of the State government shall consider the same in accordance with law.

With this observation, this appeal stands disposed of. No costs.

                   JUDGE                            CHIEF JUSTICE



Comparing Assistant