IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.22750 of 2010 (O&M) Date of decision:17.08.2011 M/s Kailash Rice Mills, Jalalabad Road, Mukatsar, Tehsil and District Mukatsar, through its proprietor Smt. Renu Bansal wife of Raj Kumar. ...Petitioner versus State of Punjab, through Secretary to Government of Punjab, Department of Food, Civil Supplies and Consumer Affairs, Room No.410, 4th Floor, Punjab Mini Secretariat, Sector 9, Chandigarh, and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.S.Sidhu, Advocate, for the petitioner. Mr.Arvind Mittal, Additional Advocate General, Punjab, for respondents 1 and 2. Ms. Deepali Puri, Advocate, for PUNSUP. Mr. C.S.Bakshi, Advocate, for respondents 5 and 8. Mr. Hari Pal Verma, Advocate, for respondent No.6. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The petitioner seeks through this writ petition a mandamus to direct the respondents to allot the petitioner mill paddy for custom milling during the Kharif Marketing Season (KMS) 2010-11. Admittedly, the petitioner has given guarantee for its lessee M/s R.K. Enterprises and M/s R.K. Enterprises had arrears of custom milled rice to be delivered to Food Corporation of India (FCI) to the tune of 4265.59 quintals for the year 2008-09. The petitioner states that the deficiency Civil Writ Petition No.22750 of 2010 (O&M) - 2 arose on account of blacklisting that had been done of the petitioner mill as well as its lessee, but it was subsequently quashed by an order of this Court and the supplies were made subsequently. It was only on account of the suspension of operation during the period of blacklisting that caused the deficiency of supply. The petitioner states that even during an inspection made at the mill premises, 4265.59 quintals was found at the petitioner's premises. The petitioner gives an undertaking that he will stand by the guarantee and supply the arrears if it only means that the Government does not hold back the allotment orders allotting a particular agency to the petitioner mill. 2. The FCI has in its reply stated that they will have no objection for the State to issue such allotment, if the petitioner's supplies meet the standards of quality and time and it is not a sham transaction to screen any miller, who has been blacklisted or on behalf of any other miller, who had adverse issues regarding quantity, quality and time of delivery with FCI. There does not appear any stumbling block for the State to issue the necessary allotment for the KMS 2010-11. The counsel for the State says that the period for 2010-11 has already over. The kharif season concludes with February, 2011. Having regard to the fact that the period is already over, I would modify the relief to apply to the petitioner for the year commencing from 2011-2012, and the subsequent seasons subject to usual conditions that may be imposed. 3. The writ petition is disposed of as above. (K. KANNAN) JUDGE 17.08.2011 sanjeev