IH THE HIGH COURT OF JUDICATURE ,AT BI£ASPUR(C.G.) OF 2001 ,,.„••••'c^^l...--' <- (^ ..*• H/s Vinod Parsboiling Industrles - tbroagh its Sole Pr.oprietor '- Viaod Kamgr Jaia, son of late •-•'}/l^ L.C.Jaia, aged 48 years, 'R/o Abhanpur, district Raipur. (C.G.). . VS. ^ 3. State ef Chhattisgarh through Secretary Depsrtment of Food, Hantra lays ,-Raipar. The Collector(Food sec-tion) Raipur. Food Corporation of India through Distriet Manager, Raipur, district; Raipur ?SMa- 4. py^.' PETITIOH UNDER- A.adtfc.tsatii,},- ^epmnAssAeneE, ;S»"i»AsAa!»«'IRaipw -.J'1 INDIA FOB ISSUANCfe OF WRTT IN THE NATURE OF NANCTIUS AND OTHSR SUITABLB WRIT/WRITS, ORDER/DBQERS SSO^ DIRECTION/DIRECTIQNS. XI-HC-22 STT'RIiF.t fet? SJ!f?! 'iCTW Wfi •^Wlci<l, .__)y.:,p::h's.:.^cJ^e.1.. t? Sn^t'reiTWBfi 28-10-2002 •qiTlfOTh •E'rwf •q f^> TfSi^R ^T'3TPTO STf^I Shri N.C. Jain, Sr. Cou^isel wifh Sbri Manindra Shriv^stava, couiisel for the petitioner. Shri Sanjay K Agarwal, Dy. Adv. General fdr fhe respondent No.l. Shri R.K. Gupta, couns^l Though the niatter was being made by the learaed outside counsel, fhe matter is The petitioner is a provisions of M.P. (Anuguapau Tatha Jamldiori which he Iias a liceuce. for fhe respondent No.3. jixi fhe Ust at Sr.No.74, on a aiention c{?unsel for fhe petitioner, who is aa paken up ia fhe second half. dealer (food-graia) uader fhe Aausucliit Vastu Vyapari ]Par Nirbandhaa) Aadehs, 199l,for whdtesale Schufiuled Adimttedly, a notice wa^ issued by fhe Additional CoUector, Raipur to fhe petitioner regajTJling certain irregularitics coiiunitted by him durmg the course of |bis busiaess transactions aad rion- payinent of leyy, Ultixnately, ^n order was passed requiring the petitioiier to pay levy wifhin 4 period of tbirly days. Subsequeat thereto, fhe petitioner bad a^proached fhe Pood Corporation of JndiafFCQ requJrmLg it to uitjinate where tbe levy rice was to be [^^fe4 <I"-*«i.. XI-HC-22 •OTStwi ^rN' s^^ 's's-;:qp.li?ra, aT'l'y'is, .^i'.PMV:..^?.f./ffi.!. 31'^l'ffRnWfl^I ^irafert^ 4i4<A''? ^S 'l^it^i ^r sifSgiT sn^i deposited. Howevcr, the Corpc^ration did aot givc any informatioa wifh tbe result fhat leyy rice jsould not be deposited. It is not to be disputed that fcyy was/depos^ted iu tenns of fhe order of the Additional CoUector, Raipur, w^io fhough ordering the payxaent of levy did not assess fhe price wlii^Ii was to be paid to the petitionerby the FCI. According to the petiti^ner, in order to pay the levy he had purcbased the said quantily of^ice fix>in fhe open inarket but could aot deposit tfae saoie because |of the iaaction on fhe part of the 1 respondent No.3- PCI. Accordia^ly, he has approached this Court for a direction to fhe Food Corpoijation of India- respondent No.3 to iattmate the place / godown whipre the levy rice is to be tendercd / haaded over and also for a directiou to the FCI to pay the price at the rate prevailing at that poiut oftu^ie. When the inatter had com^ np before tbe Court on 05-08-2002, it was brought to tfae notice cif this Court that' there was some possibiUties of a settleinent betrojeen tfae pardes aad accordiagly, thc matterwas adjoumed to 16-8-2(!>02. On 16-8-2002, learaed couasel for the petitioner iofonned fhe Gpurt fhat decision bas toeen taken by Food Corporation of India to ac^ept the levy in terms of the order of fhe Additional CoUector. Raipur ( Spy. whereof is Annexure P-4 te the ['tft^ y<a<i Xl-HC-22 STT^T ^f.l f^t^r y^y, 1 T^Ti'i^; -^f^ ^5f ^PIRTO, riTtl'y'id, fa.ldltiy. _.k!.f..W.t:.J.^.Al.. •3iit^?^nwBf?g ^ <^]1Li1ci^r1 'HTH^T ^ T^T^r •[f^TR T SlfSgiT Sllt^T ^-f writ petition). However, the d^spute, which reniains to be settled, relates to fhe speci&cation of fhe rice aad the price to be paid. Accordiag to fhe petitioner, the pmi dealt only iii paraboiled rice. But it appears froin the recoid fhat ^hey were deaUng in raw rice also. Leamed counsel for thel petitioner had iuvited ftie Court's attention to Clause III & IV <^f the M.P. Rice ProGureinent (Levy) ! Order, 1970, aud Scheduled a^uiexed fhereto fhat the price payable would be the price prevailuig However, leamed counsel for f(ie FCI, subnutted that since the levy became due iu the year 1994-9^ prevailing at that point of tuite. coujlsel to be reasonable, the] parties to work out a setfleiri on fhe date when ttie levy is paid. , the price payable would be the pnce f Fiiidhig fhe contentioriiofffae leamed ) Court had- given some time to the ;nt aud the inatter was adjouraed. Hoiwever, it appears that no se^tleiaent could be arrived at regardiag fhe price. Considering the facts an{l circuinstances of the case aud fhe inaterial available on record, petitioner. The CoUector inay the Court feels that it would appropriate to direct the CoU^ctor, Raipur to take an appropriate decision regardiug pnce, whicjh is to be paid by the FCI' to the himself take a decision or refer fhe [-ft3^f@t •Ks-HC-22 awt^F'an fets;®!^!:? I K^^ '^rfef •':1 ^Eq ^TTOra, PTS, l^viMy W C (Vu-^ij r?s; 3i^'?CTW^i?a -vii niatter to sx au appropriate o^Bcer not below the rank ofAdditional .Collector. As agreed to by fhe l^amed couiisel, the parties shall enter appearaace befo.re fhe CoUector tbis order, on which date the whoia the inatter has been plae; l=bi^4i'i ^w^i ^ f^^s ^ 3Tf:(IIT S'lt^ on 07-11-2002 along with the copy of Collector or such ofher ofi&cer before ;^d, as fhe case inay be, niay fix a date aad take au appropriate decisio|a afler heariug the parties in the light of fhe order of this Court within^ a period of fhiriy days thereafter. Leamed counsel for thelpetitioner stated that in sonie caseS jjamc asK iasteHOB; tt^ the Fpod Corporation of India has made payinent at the rate prevailing sjt that point of time when the levy was actuaUy paid. As the Court ^s not considering the inents of the contention at ttus stage, it fe that ;ls fhat fhese are the facts /inav be placed before the appropriate officer for his consideration, who wiU be free to pass an appropriate ord^r on the merits wifhin the period fixed abovc. With the aforesaid dire^tions and observatipn$the petition stands disposed of. Certified copy as per rule^. -/' Sd/- P. C. Naik Judge [ift^^fes 4/~° v^