1 Civil Writ Petition No. 16511 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Civil Writ Petition No. 16511 of 2009 Date of Decision: 29.10.2009 M/s. Maha Luxmi Rice and Agro Mills --- Petitioner Versus Food Corporation of India and others --- Respondents CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL *** PRESENT: Mr. Nandan Jindal, Advocate for the petitioner. --- AJAY KUMAR MITTAL, J In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issue of a writ of mandamus directing the respondents to provide adequate space to it for delivery of the custom milled rice crop of the year 2008-2009, in the account of the Markfed. It is averred in the petition that in order to regulate the working of the rice mills and grant them other facilities, the Government of India framed Rice Milling Industry (Regulation) Act, 1958 (for short “the Act”) and also the Rules thereunder. On 28.5.1997, the Government of India repealed the said Act and consequently, the Rules framed thereunder also stood repealed. Prior to repealing of the Act, the Punjab Government had granted permits 2 Civil Writ Petition No. 16511 of 2009 to the petitioner under the provisions of the Act. On granting of permits, the persons concerned were entitled to install rice Sheller for milling paddy in their respective areas but after the Act was repealed, there remained no necessity for obtaining permit for installation of rice Sheller. It is further averred in the petition that the petitioner-rice Mill has been working for the last about 10 years. In the year 2008- 2009, the petitioner-Mill was allotted to Markfed for custom milling of paddy pertaining to the said federation in terms of the policy framed by the State Government. As on 22.9.2009, the petitioner had delivered 2613 Metric Tonnes (MT) of customized rice to the Food Corporation of India, but the Corporation did not provide space for the delivery of 183 MT of balanced rice. On the said date, the petitioner also approached respondent No.4 for allowing it to dump the above quantity of balanced rice in the account of Markfed, but the Corporation did not allow the petitioner to do so on the ground that some consignment of the rice was lying dumped in their godown. According to the petitioner, the excuse taken by the Corporation was not true and, as a matter of fact, no rejected consignment was lying dumped in the godown of the Corporation. Faced with the above situation, the petitioner made a representation dated 1.10.2009, Annexure P-2, to the Corporation requesting for providing adequate space to deliver the balanced rice. It is also stated that the petitioner is suffering due to the above lackadaisical attitude of the Corporation as, in terms of the policy of 3 Civil Writ Petition No. 16511 of 2009 the State Government pertaining to the year 2009-2010, it has to deposit three cheques of an approximate amount of Rs. 32 lacs with the Markfed as security in lieu of the balanced rice. During the course of hearing, learned counsel for the petitioner submitted that the respondent-Corporation has not decided the representation of the petitioner, Annexure P-2 till today and, thus, a direction be issued to the respondents to dispose of the above said representation within a reasonable time. After hearing learned counsel for the petitioner, this writ petition is disposed of with a direction to the General Manager, Food Corporation of India, Chandigarh to dispose of the petitioner’s representation dated 1.10.2009, Annexure P-2, by passing a speaking order in accordance with law, on or before 31.12.2009. (AJAY KUMAR MITTAL) October 29, 2009 JUDGE *RKMALIK*