IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7977 of 2009 M/S MAA VINDHYAVASINI KRISHAK Versus THE STATE OF BIHAR & ORS ----------- 4 12.8.2009 The petitioner prays for a direction to the respondent Food Corporation of India to accept 1199 quintals of rice which is custom mill rice against purchase of paddy from the farmers. The State Government through the Department of Food and Consumer Protection issued notification dated 23.10.2008 for procurement of paddy and custom mill rice (CMR) by PACS and Swablambi Sahkarita Samiti Limited at the rate specified for Kharif season 2008-09. The District Cooperative Officer recommended the application of the petitioner to the District Supply Officer, Purnea for sanctioning procurement of paddy from the farmers. The District Supply Officer vide his memo no.179 dated 27.3.2009 intimated the Manager, Food Corporation of India that the District Magistrate, Purnea by order dated 26.3.2009 had accorded permission to the petitioner for procurement of paddy and rice for the Kharif season 2008-09. Thereafter, the Block Cooperative Officer cum Enforcement Officer vide his letter dated 27.3.2009 certified that the petitioner had procured 2376 quintals of paddy from the farmers in revenue district of Purnea and after milling they are entitled to deliver 1446 quintals of CMR to F.C.I. It is relevant to state here that out of the aforesaid quantity only 145.92 Ran Boiled Rice quintals of CMR has been accepted by the F.C.I. 2 Learned counsel for the petitioner submits that subsequently the respondent Corporation has accepted further mill rice which took the total figure up to 393 quintals. He further submits that the Block Cooperative cum Enforcement Officer verified the whole matter and found that the petitioner had procured the aforesaid rice after giving minimum support price to the farmers. He submits that no farmer has made any complaint that they did not get the aforesaid support price, which fact is also supported by the report of the Block Cooperative cum Enforcement Officer, contained in Annexures-4,5 and 6. The petitioner vide its letter dated 2.6.2009 intimated the Area Manager, Food Corporation of India, Purnea regarding the delivery of 1199 quintals of custom mill rice. Thereafter on the direction of the Area Manager, the Manager (Procurement) and the Manager (Accounts), Food Corporation of India, Purnea verified the stock on 18.6.2009 and found the same in order. The petitioner after verification report, in anticipation of acceptance of delivery, dispatched 1199 quintals of custom mill rice to F.C.I. Bellouri under Purnea Circle along with its representation dated 18.6.2009 and 11.6.2009, contained in Anenxure-10. The grievance of the petitioner is that the Area Manager, instead of accepting the delivery of the aforesaid rice which stood due verification, by his letter dated 22.6.2009 sought necessary instruction from the General Manager, Food Corporation of India stating therein that for the Kharif Season 2008-09 the paddy and custom mill rice has already been procured by the F.C.I. 3 Mr. Prabhakar Tekriwal, learned counsel appearing on behalf of the Food Corporation of India submits that the total quantity of rice to be procured from the PACS and Cooperative Sammittee was to the tune of 4 lacs M.T. and in its place 5 lacs M.T. has been shown as procured. He apprehends that all such rice could not have been procured from the farmers rather the same might have been purchased from the open market. In support of his contention, he relied upon Annexure-C which is a report of the Secretary, Food and Civil Supplies. The State has also filed its counter affidavit in which it has not disputed the claim and the annexures relied upon by the petitioner. A very peculiar circumstance has emerged in this case. The PACS and the Swablambi Sammittee have procured more rice from the farmers against the allotted estimate. Nevertheless, all the 5 Lacs M.T. of rice have already been accepted by the F.C.I. either in the shape of paddy or in the shape of milled rice. Some of the PACS or Swablambi Sammittee may have adhered to the rules and carried out procurement and delivery of same with due honesty without indulging in any malpractices. The facts which have emerged also points out that in some of the cases, there could possibly be under hand dealing and the paddy or the milled rice shown to be procured from farmers could be one which has in fact been allotted for distribution under various welfare schemes like BPL etc. 4 KHAN In the circumstances, the General Manager, Food Corporation of India, respondent no.8 would form a Committee within a we3ek of receipt of a copy of this order to enquire into the matter which will submit its report within three weeks from so being authorized. On receipt of the report if the General Manager finds that the PACS or Sawablambi Sammittee concerned has acted fairly, he would direct for acceptance of such milled rice so that honest PACS or Swablambi Sammittee may not suffer. As the petitioner has approached this court much prior to the cut off date i.e. 31.8.2009, the same will not affect acceptance of paddy/milled rice if it is found that the procurement is genuine. As the rice is perishable commodity, the Food Corporation of India would make necessary arrangement for storing the same, if the petitioner or similarly situated PACS/Swablambi Sammittee so desired. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be handed over to Mr. Prabhakar Tekriwal, learned counsel for the F.C.I. (S.P.Singh,J)