High Court of Punjab and HaryanaCWP/23428/2015dismissed

M/S Sarswati Rice Mills v. Union Of India & ORS

2016-05-06Mr. Justice S.C. Datta2 pages

-1CWP No.23428 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.23428 of 2015 Date of decision: 06.05.2016 M/s Sarswati Rice Mills, Bahadurpur ....Petitioner

Versus

Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH DHALIWAL 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. Madan Sandhu, Advocate, for the petitioner. Mr. B.S. Cheema, DAG, Punjab.

Mr. K.K. Gupta, Advocate, for respondents No.3 and 4. Mr. Deepak Sabherwal, Advocate, for respondent No.6. Mr. Sumit Jain, Advocate, for respondent No.8. PARAMJEET SINGH DHALIWAL, J. (ORAL) Reply on behalf of respondents No.2 and 5, filed in Court today is taken on record.

Instant writ petition under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari quashing the order dated 03.10.2013 (Annexure P-1) passed by District Manager, Punjab Agro Food Grains Corporation Ltd., Mansa. Learned counsel for the respondents have pointed out that the impugned order has been passed by Punjab Agro Foodgrains Ltd. The authority which has passed the impugned order has not been impleaded rather other persons, who have no concern with this case, have been RAVINDER SINGH 2016.05.12 10:52 I attest to the accuracy and authenticity of this document

-2CWP No.23428 of 2015 impleaded as party respondents and thus they have unnecessarily been directed to appear in this Court. No relief can be granted against them. Due to fault of the petitioner, respondents No.3 and 4 - Food Corporation of India, Respondent No.6 - PUNSUP and respondent No.8 - PSWC have engaged counsel for defending the case though they are not necessary parties.

In view of above, this Court has no option but to dismiss the petition with heavy costs.

Accordingly, the petition is dismissed with a cost of Rs.1,00,000/- (Rupees one lac only) to be deposited with the Punjab State Legal Services Authority. In case the amount is not deposited, same shall be recovered as arrears of land revenue from the petitioner. (Paramjeet Singh Dhaliwal) Judge May 06, 2016 R.S.

RAVINDER SINGH 2016.05.12 10:52 I attest to the accuracy and authenticity of this document