M/S A.S.Agro Foods And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.13696 of 2022 Date of Decision: 04.07.2022 M/S A.S.AGRO FOODS AND OTHERS .....Petitioners Vs STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioners.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners have preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing respondents No.1 to 3 to provide police protection to the petitioners and its employees for the performance of handling and transportation of trucks hired by the petitioners at the rice mills and other industrial units situated in Tehsil Rampura Phul, District Bathinda from being invaded by respondents No.4 and 5.

Learned counsel for the petitioners submits that the petitioners seek police protection for themselves as well as for their employees for the performance of the aforesaid activity because respondents No.4 and 5 and Chhilka Labour Union, Rampura Phul have threatened the petitioners and their

 employees of dire consequences. The aforesaid respondents want their services to be hired whereas the petitioners have their own arrangement for transportation of foodgrains. Learned counsel for the petitioners submits that petitioners have already filed representation before the Sr. Superintendent of Police, Bathinda for taking legal action against the President of the Rampura Phul Truck Union, Rampura Phul and others, but no action has been taken so far. Earlier similar controversy came up for consideration before this Court in number of cases viz. CWP No.6019 of 2008 tilted 'M/s Kissan Cold Storage and others vs. State of Punjab and others' decided on 22.04.2008; CWP No.1498 of 2008 titled 'Amardeep Cold Storage vs. State of Punjab and others, decided on 22.04.2008 and CWP No.192 of 2013 titled M/s Shree Ganpati Traders vs State of Punjab and others decided on 09.01.2013 thereby directing the police to act in aid of the petitioners therein and provide police protection to facilitate conduct of their lawful business activities without hindrance from any third party.

Relying upon the aforesaid precedents this Court has also decided CWP No.10759 of 2022 titled M/s Anmol Rice Mills and others vs. State of Punjab and others vide order dated 19.05.2022.

 Learned counsel for the petitioners submits that the petitioners would be satisfied in case similar order is passed in the present writ petition thereby obligating respondent No.2 to take note of pending representation of the petitioners and pass an appropriate order within a time bound manner. Notice of motion.

On asking of the Court, Mr. C.L. Pawar, Sr. D.A.G., Punjab accepts notice on behalf of respondents No.1 to 3. In view of nature of controversy, I deem it appropriate to dispose of the present writ petition with a direction to respondent No.2 to take note of pending representation of the petitioners and pass an appropriate order in accordance with law, particularly by keeping in view the earlier precedents on the subject issue preferably within a period of two months from the date of receipt of certified copy of this order. Petitioners would also be entitle to bring earlier orders passed by the High Court to the notice of respondent No.2 during the course of hearing of the aforesaid representation. Disposed of with the aforesaid directions.

(RAJ MOHAN SINGH) July 04, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No