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High Court of Punjab and HaryanaCWP/23094/2023disposed of

M/S K.M. Trading Company v. State Of Punjab And Others

2023-10-11Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH  

CWP No.23094 of 2023 Date of Decision:11.10.2023 M/s K.M.Trading Company ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Daman Dhir, Advocate and Ms. Dilpreet Kaur, Advocate for the petitioner Mr. Deepanjay Sharma, DAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondents to allot it paddy in terms of Custom Milling Policy for KMS 2023-24. 2.

The petitioner purchased a rice mill in terms of Section 13 of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "SARFAESI Act"). The petitioner has been issued sale certificate by bank, however, Tehsildar has not sanctioned mutation. Clause 7(ix) of policy for KMS 2023-24 specifically provides that a buyer of a defaulter mill shall be entitled to allotment if mill has been purchased in open auction or otherwise disposed of by bank/financial institution.

PARAMJIT KAUR SAINI 2023.10.11 16:35 I attest to the accuracy and authenticity of this order/judgment

CWP No.23094 of 2023 -2- 2023:PHHC:131931 Counsel for the petitioner submits that case of the petitioner is squarely covered by judgment of this Court passed in CWP No. 18743 of 2020 on 25.07.2023 titled as "M/s Ashirwad Industries vs. State of Punjab and others" read with clause 7(ix) of the policy. 4.

Mr. Deepanjay Sharma, DAG, Punjab, who on advance notice is present in Court, expressed his inability to controvert the aforesaid factual and legal position. He further submits that case of the petitioner would be considered in the light of policy as well as order dated 25.07.2023 passed by this Court in CWP No. 18743 of 2020.

5.

In the wake of statement of learned State cousnel, the petition stands disposed of with a direction to pass an appropriate order within a week from today.

(JAGMOHAN BANSAL) JUDGE 11.10.2023 paramjit Whether speaking/reasoned: Yes Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.10.11 16:35 I attest to the accuracy and authenticity of this order/judgment