M/S Ganesh Rice Mill And Others v. State Of Punjab And Others

CWP-13189-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-13189-2025 (O&M) Date of Decision: 28.05.2025 M/s Ganesh Rice Mill and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Daman Dhir, Advocate, Mr. Raman Dhir, Advocate, Mr. Rajeev Anand, Advocate and Mr. Ujjwal Anand, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab for the respondent/State.

Mr. K.K. Gupta, Advocate for respondents No.5 to 7- FCI.

*** HARSH BUNGER, J. (Oral) The instant Writ Petition has been filed under Article 226 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for quashing the action of the respondents in making recovery on account of storage charges pertaining to the crop year 2022-23; being unreasonable, arbitrary and contrary to the guidelines/ instructions issued by the Government of India.

2.

During the course of hearing, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the instant writ petition with liberty to them to submit a detailed representation to the State HIMANI GUPTA 2025.05.31 14:17 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-13189-2025 (O&M) -2Agency seeking exemption from the storage charges. It is further prayed that time bound directions be issued to the concerned Authority/Officer (State Agency) to decide the said representation. 3.

Learned counsel appearing for the respective respondents do not dispute the aforesaid course of action being adopted. 4.

Keeping in view the above, the present petition is dismissed as withdrawn at this stage with liberty to the petitioners to submit a detailed representation seeking exemption from the recovery of storage charges to respondent No.1- Secretary, Department of Food Civil Supplies and Consumer Affairs, Government of Punjab, Civil Secretariat, Chandigarh. 5.

It goes without saying that in case any such representation is submitted by the petitioners within a period of two weeks from today, the same shall be considered and decided by respondent No.1 (Secretary, Department of Food Civil Supplies and Consumer Affairs, Government of Punjab, Civil Secretariat, Chandigarh)/competent Authority by passing a speaking order after affording due opportunity of hearing to all the concerned parties, within a period of two weeks from the date when such representation is submitted by the petitioners. 6.

Learned State counsel further assures that till the time the representation is decided, the action for recovery of the storage charges will be kept in abeyance qua the petitioners.

7.

All pending application(s), if any, shall also stand closed. 28.05.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2025.05.31 14:17 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh