M/S Mahavir Rice Mills v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH



CWP No. 18720 of 2023 Date of Decision:04.09.2023 M/s Mahavir Rice Mills, Amloh ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Ms. Amarjit Kaur Khurana, Advocate and Mr. Gaurav Datta, Advocate for the petitioner Mr. Abhaypal Singh Gill, DAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is assailing Clause 7(v) of the Punjab Custom Milling Policy for Paddy Kharif 2022-23 (Annexure P-2) (in short 'the policy').

2.

Learned counsel for the petitioner inter alia contends that as per the policy, a firm is not entitled for allotment of paddy even if a partner is holding very small share in a firm and there is default by any other firm where such partner is one of the partners. The petitioners are senior citizens and their son was having 10% share holding in their firm as well as he was partner in another firm which has been declared defaulter. On the basis of the second firm i.e. M/s Onkar Rice Gram Udhyog, Amloh, having been declared defaulter, the petitioner has been declared defaulter. PARAMJIT KAUR SAINI 2023.09.04 16:35 I attest to the accuracy and authenticity of this order/judgment

CWP No. 18720 of 2023 -2- 2023:PHHC:115574 Learned counsel further submits that the petitioner against the action of respondents has filed second appeal which is pending before second appellate authority-cum-Principle Secretary to Department of Food Civil Supplies and Consumer Affairs. The registration period is going to expire by the end of September' 2023 whereas appellate authority has fixed the appeal for 03.10.2023 and on the said date, the appeal would become infructuous and object of appeal would be defeated. Learned counsel submits that petitioner's grievance would be redressed if appellate authority is directed to decide appeal brefore 20.09.2023.

3.

Learned State counsel, who on advance notice is present in Court, assures the Court that second appellate authority would prepone the date of hearing and pass an appropriate order within a week from today. 4.

In the wake of statement of learned State counsel, the instant petition stands disposed of. This Court is sanguine of the fact that appellate authority would pass an appropriate order within one week from today. (JAGMOHAN BANSAL) JUDGE 04.09.2023 paramjit Whether speaking/reasoned: Yes


   PARAMJIT KAUR SAINI 2023.09.04 16:35 I attest to the accuracy and authenticity of this order/judgment