M/S United Rice Mills v. District Controller And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:141598 CWP No.25170 of 2023 Date of Decision:07.11.2023 M/s United Rice Mills ....Petitioner vs.

District Controller, Food, Civil Supplies and Consumer Affairs and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Avichal Sharma, Advocate Mr. Arsh Bir, Advocate and Mr. Himanshu, Advocate for the petitioner Mr. Inderpreet Singh Kang, AAG, Punjab Mr. Sahazpal Singh, Advocate for Mr. Sumit Jain, Advocate for PUNGRAIN *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent No. 1 to allot it free paddy.

2.

The petitioner is a rice mill which was established in 2003. As per practice adopted by respondents, the petitioner is required to get NOC from District Town Planner under Section 79 of Punjab Regional Town Planning and Development Act, 1995. On the basis of NOC issued by District Town Planner, Jalandhar, clearance certificate is issued by PARAMJIT KAUR SAINI 2023.11.07 17:57 I attest to the accuracy and authenticity of this order/judgment

CWP No.25170 of 2023 -2- 2023:PHHC:141598 Punjab Pollution Control Board. The petitioner was not registered because of non-receipt of certificate from Pollution Control Board. 3.

Learned counsel for the petitioner inter alia contends that there was no lapse on the part of the petitioner in getting NOC from District Town Planner or certificate from Pollution Control Board. The delay, if any, was on the part of government officials and petitioner cannot be denied benefit of allotment of paddy on account of lapse on the part of different government departments. The petitioner vide letter dated 28.10.2023 has made representation to respondent authorities to consider its case for allotment of paddy.

4.

Learned State counsel, who on advance notice is present in Court, asserts that representation of the petitioner would be considered and an appropriate order would be passed within seven days from today. 5.

In the wake of statement of learned State counsel, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 07.11.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.11.07 17:57 I attest to the accuracy and authenticity of this order/judgment