High Court of Punjab and HaryanaCWP/6936/2020disposed of

M/S Guru Nanak Rice And General Mills And Others v. Union Of India And Others

2020-09-24Mr. Justice Jasgurpreet Singh Puri3 pages

Through Video Conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-6936-2020 (O&M).

Decided on: September 24, 2020.

M/s Guru Nanak Rice and General Mills and others .. Petitioners

VERSUS

Union of India and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Daman Dhir, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) This is a petition filed under Articles 226 of the Constitution of India, with a prayer to issue appropriate writ for the refund of the interest charged from the petitioners on account of so called delayed delivery for crop year 2012-13 in respect of the delivery of rice already made by the petitioners within the period extended by the Government of India i.e. by 18.1.2014 and that too when the interest charges have already been claimed and received by the Food Corporation of India. The petitioners

have also prayed that appropriate authorities may be directed to take a final decision on the representation dated 11.4.2017, (Annexure P-9) and the legal notice dated 20.6.2019 (Annexure P-10) The learned counsel for the petitionerS has drawn attention of this Court to Annexure P11, whereby in an identical situation, directions were issued to the competent authority to decide the representation of the petitioner of that case. Learned counsel for the petitioners submits that he would be satisfied in case the directions are issued to respondent Nos.4 and 6, to take a final decision on the representation/legal notice which the petitioners have issued.

Notice of motion to respondent Nos.3 to 7, at this stage. Ms.Anju Arora, Addl. A.G. Punjab, accepts notice on behalf of respondent Nos.3 to 5 and states that she has no objection in case the legal notice/representation are directed to be decided by the competent authority.

After hearing the learned counsel for the parties, I am of the considered view that, at this stage, directions can be issued for the purpose of deciding the representation/legal notice. Consequently, this writ petition is disposed of with a direction that respondent No.4 in consultation with respondent No.6, shall look into the representation of the petitioners (Annexure P9) as well as legal notice (Annexure P10) and take appropriate action in accordance with law by affording an opportunity of hearing to the petitioners, within a period of

three months from today.

September 24, 2020.

JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No