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2020 Supreme(P&H) 1544

TEJINDER SINGH DHINDSA
New Shakti Rice Mill – Appellant
Versus
Food Corporation Of India – Respondent


Advocates Appeared:
Gurminder Singh, Advocate, Jatinder Singh Gill, Advocate, K.K. Gupta, Advocate, Abhay Pal Singh Gill, Advocate

JUDGMENT

Tejinder Singh Dhindsa, J. - Petitioner is a rice mill.

2. Challenge in the instant petition is to a letter dated 30.09.2020 (Annexure P-2) which has been sent by Food Corporation of India, Divisional Office, Amritsar to the 5th respondent with a direction not to allot paddy to the petitioner from KMS (Kharif Milling Season) 2020-21.

3. It has been averred that the petitioner-mill was established in the State of Punjab in the year 1970 and has a milling capacity of 3.5 tonnes. Since the last 20 years petitioner has been allotted paddy every year and on each occasion milled rice was delivered on time and that no proceedings are pending against the petitioner on behalf of the procuring agency for late delivery of rice or otherwise. Petitioner has never been declared as a defaulter. For purposes of allotment of paddy to the millers the State of Punjab, Department of Food, Civil Supplies and Consumer Affairs has issued the Punjab Custom Milling Policy for Kharif 2020-21 on 26.08.2020 (Annexure P-1. The same would hereinafter be referred to as the Policy). It has been submitted on behalf of the petitioner that since it was eligible for allotment of paddy under the various clause

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