The Food Corporation Of India, ... vs Raghavachandra Exports Pvt. ...
2023 Latest Caselaw 3136 Tel

          THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                            AND
            THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
                              Writ Appeal No.916 of 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Heard Mr. Dominic Fernandes, learned counsel for the

appellants and Mr. Gadi Praveen Kumar, learned Deputy Solicitor

General of India for respondent No.2.

2. This intra court appeal has been filed against the order

dated 27.04.2010, passed by a learned Single Judge, by which a writ

petition viz., W.P.No.19319 of 2001 preferred by respondent No.1,

has been disposed of.

3. The appellants were respondents No.2 and 3 in the aforesaid

writ petition.

4. The writ petition was disposed of with the following

directions:

"For the foregoing reasons, the writ petition is partly allowed,

a) holding that there was no ban on export of rice to Nepal in the year 2001, as mentioned in the letter dated 06.08.2001;

::2::

b) The 2nd respondent made a misrepresentation before this Court, stating that there existed ban to Nepal, thereby loss to the petitioner; and

c) Leaving it open to the petitioner to claim damages against the 2nd respondent by filing a suit in a competent Court of civil jurisdiction."

5. It is not in dispute that in pursuance of the liberty granted by

the learned Single Judge, respondent No.1 has not filed a civil suit

seeking damages against the Food Corporation of India

(appellants). The aforesaid remedy of civil suit has now become

barred by law of limitation. Therefore, it is not necessary for us to

examine the validity of the order passed by the learned Single

Judge.

6. In view of aforesaid, the Writ Appeal is disposed of. No

costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

_______________________ N.V.SHRAVAN KUMAR, J Date: 12.10.2023 LUR