Uttarakhand High Court
WPMS/2381/2021 on 23 November, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 23ND DAY OF NOVEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2381 of 2021
BETWEEN:
M/s Jagdamba Agro Seeds ...Petitioner
(Mr. M.S. Bhandari, Advocate)
AND:
Union of India and others ...Respondents
(Mr. Saurav Adhikari, Advocate for respondent no.1, Mr. G.S. Negi,
Additional Chief Standing Counsel for the State/respondent nos. 2 and
3 and Mr. Subhash Upadhyaya, Advocate for respondent no. 4).
JUDGMENT
Petitioner is a partnership firm which
owns a rice mill at Khatima (Udham Singh Nagar).
Respondent no.4 procured paddy from farmers
during Kharif procurement season 2020-21 and
gave it for hulling to the petitioner. Since
petitioner could not supply rice after custom
hulling of paddy within time, therefore, a notice
has been issued by respondent no.4 to him, on
09.10.2021 asking him to deposit a sum of
` 2,66,34,177/-, as price of 8356.03 quintals of
custom milled rice with other incidental expenses,
within ten days.
2. It is the contention of learned counsel
for the petitioner that due to COVID-19, all the
labourers had returned to their native places,
therefore, milling operation remained suspended
for a considerable period of time. It is further the
contention of learned counsel for petitioner that
petitioner himself contacted COVID-19, due to
which, he remained hospitalized for a considerable
period of time, therefore, the milled rice could not
be delivered back to respondent no.4 within time,
as such petitioner wants extension of time for
supplying the balance custom milled rice to the
respondent no.4.
3. Learned counsel for respondent no.4.
submits that Central Government (respondent
no.1) had extended time for milling of paddy and
delivery of custom milled rice in Uttarakhand for
Kharif Season 2020-21, vide order dated
06.08.2021. However, he submits that the
extended time also came to an end on
31.08.2021. He further submits that it is the
Central Government, which fixes the deadline for
delivery of custom milled rice and since the
deadline fixed by Central Government has expired
on 31.08.2021, therefore, it is only the Central
Government, which can pass any order regarding
extension of time.
4. Learned counsel for the petitioner
submits that Co-ordinate Bench of this Court in
WPMS No. 1930 of 2021 has passed an order on
20.09.2021 disposing of the writ petition with
liberty to the petitioner to make representation to
the Central Government (respondent no.1) with
further direction to the Central Government to
take decision on petitioner's representation. Thus,
he submits that the present writ petition may also
be disposed of with similar liberty to the petitioner
to approach the Central Government.
5. Learned counsel for respondent no.1
submits that if petitioner makes representation to
the Central Government, Competent Authority
shall consider his request and take appropriate
decision as early as possible.
6. Accordingly, the writ petition is disposed
of with liberty to the petitioner to make
representation to the Competent Authority in the
Central Government, within ten days from today.
If such representation is made, the Competent
Authority in the Central Government shall look into
the matter and take appropriate decision, in
accordance with law, within four weeks from date
of receipt of representation with certified copy of
this order.
(MANOJ KUMAR TIWARI, J.)
Shubham
