M/S Padmavati Rice Mills Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1090941
CourtPunjab and Haryana High Court
Decided OnSep-24-2013
AppellantM/S Padmavati Rice Mills
RespondentState of Punjab and Others
Excerpt:
cwp no.18761 of 2013 1 high court for the states of punjab & haryana at chandigarh cwp no.18761 of 2013 date of decision:25.09.2013 m/s padmavati rice mills ...petitioner(s) versus state of punjab and others ...respondent(s) coram: hon'ble mr.justice rameshwar singh malik1 to be referred to the reporters or not ?. 2. whether the judgment should be reported in the digest ?. present: mr.ravish bansal, advocate, for the petitioner. rameshwar singh malik, j. (oral) learned counsel for the petitioner, while referring to the relevant part of cbi enquiry report in para 3.19.3, submits that in the case of the petitioner, no sham transaction could be detected and case of the petitioner was found to be genuine. in para 3.19 of the enquiry report submitted by the cbi, nothing objectionable has been found against the petitioner. he further submits that the petitioner has already undergone the ban period for three years in view of the communication dated 11.10.2012 (annexure p-2) because the name of the petitioner finds mentioned at sr.no.115 of the statement showing names of millers involved in cbi sampling and delivered brl rice in kms-2004-05. he next contended that since the impugned order dated 5.12.2012 (annexure p-5) was passed by the competent authority during the pendency of the saluja mukesh kumar 2013.09.26 14:25 i attest to the accuracy and integrity of this document cwp no.18761 of 2013 2 cbi enquiry it will not operate against the petitioner because the petitioner is eligible and entitled for the allotment of paddy for the current season, i.e.kms-2013-14. he concluded by submitting that the district food and civil supplies controller, sangrur-respondent no.5 may be directed to consider the claim of the petitioner, already filed before him by the petitioner on 10.9.2013 and decide the same by passing an appropriate order thereon at an early date. having heard the learned counsel for the petitioner and without expressing any opinion on the merits of the case, district food and civil supplies controller, sangrur-respondent no.5 is directed that if the petitioner has already applied before him seeking allotment of paddy during the current season, i.e.kms-2013-14, he shall consider and decide the claim of the petitioner at an early date by passing an appropriate order thereon, in accordance with law and also keeping in view the cbi enquiry report. if, after due consideration of the matter, respondent no.5 comes to the conclusion that the petitioner is entitled and eligible for allotment of paddy during the current season, i.e.kms-2013-14, appropriate order shall be passed without any further loss of time but in any case before the final allotment is made for the current season, i.e.kms-2013-14. with the observations made, the present writ petition stands disposed of. 25.09.2013 (rameshwar singh malik) mks judge saluja mukesh kumar 2013.09.26 14:25 i attest to the accuracy and integrity of this document
Judgment:

CWP NO.18761 of 2013 1 HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CWP NO.18761 of 2013 Date of decision:25.09.2013 M/s Padmavati Rice Mills ...Petitioner(s) Versus State of Punjab and others ...Respondent(s) CORAM: HON'BLE Mr.JUSTICE RAMESHWAR SINGH MALIK1 To be referred to the Reporters or not ?.

2.

Whether the judgment should be reported in the Digest ?.

Present: Mr.Ravish Bansal, Advocate, for the petitioner.

RAMESHWAR SINGH MALIK, J.

(Oral) Learned counsel for the petitioner, while referring to the relevant part of CBI enquiry report in para 3.19.3, submits that in the case of the petitioner, no sham transaction could be detected and case of the petitioner was found to be genuine.

In para 3.19 of the enquiry report submitted by the CBI, nothing objectionable has been found against the petitioner.

He further submits that the petitioner has already undergone the ban period for three years in view of the communication dated 11.10.2012 (Annexure P-2) because the name of the petitioner finds mentioned at Sr.No.115 of the statement showing names of millers involved in CBI sampling and delivered BRL rice in KMS-2004-05.

He next contended that since the impugned order dated 5.12.2012 (Annexure P-5) was passed by the competent authority during the pendency of the Saluja Mukesh Kumar 2013.09.26 14:25 I attest to the accuracy and integrity of this document CWP NO.18761 of 2013 2 CBI enquiry it will not operate against the petitioner because the petitioner is eligible and entitled for the allotment of paddy for the current season, i.e.KMS-2013-14.

He concluded by submitting that the District Food and Civil Supplies Controller, Sangrur-respondent No.5 may be directed to consider the claim of the petitioner, already filed before him by the petitioner on 10.9.2013 and decide the same by passing an appropriate order thereon at an early date.

Having heard the learned counsel for the petitioner and without expressing any opinion on the merits of the case, District Food and Civil Supplies Controller, Sangrur-respondent No.5 is directed that if the petitioner has already applied before him seeking allotment of paddy during the current season, i.e.KMS-2013-14, he shall consider and decide the claim of the petitioner at an early date by passing an appropriate order thereon, in accordance with law and also keeping in view the CBI enquiry report.

If, after due consideration of the matter, respondent No.5 comes to the conclusion that the petitioner is entitled and eligible for allotment of paddy during the current season, i.e.KMS-2013-14, appropriate order shall be passed without any further loss of time but in any case before the final allotment is made for the current season, i.e.KMS-2013-14.

With the observations made, the present writ petition stands disposed of.

25.09.2013 (RAMESHWAR SINGH MALIK) mks JUDGE Saluja Mukesh Kumar 2013.09.26 14:25 I attest to the accuracy and integrity of this document