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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Shree Ganesh Agro Foods through its Proprietor/Partner – Appellant
Versus
Union of India – Respondent
JUDGMENT :
HARSH BUNGER, J.
1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for quashing the action of the respondents in making recovery pertaining to “usage charges” in respect of crop year 2019-20 up to 2023-24 and/or making deductions/adjustments from the petitioners.
1.1 A further prayer has been made for quashing the letter dated 08.12.2025 (Annexure P-8) issued by Haryana State Cooperative Supply and Marketing Federation Limited (respondent No.9) on the strength of letter dated 28.08.2025 (Annexure P-7).
1.2 Another prayer has been made for quashing the letter dated 28.08.2025 (Annexure P-7) issued by Food Corporation of India, Regional Office, Haryana.
1.3 Yet another prayer has been made for issuance of appropriate directions to the respondents to withdraw the recovery imposed upon the petitioners and for not taking any coercive measures against them.
2. Briefly, for procurement of rice, the State of Haryana floats a custom milling policy for every crop year. The paddy, which is procured by the State/State Procurement Agency are allotted to the rice millers for its milling/shelling as per the custom milling policy and the resultant rice is delivered
The main legal point established in the judgment is that the decision of the Central Government to insist on the supply of fortified rice by rice millers was within the purview of the Custom Milling ....
Recovery of excess payments for Mandi Labour Charges requires concrete evidence; assumptions and conjectures are insufficient for legal demands.
Recovery proceedings under the Telangana Revenue Recovery Act cannot be initiated without a prior determination of the amount due, especially when disputes exist and an arbitration clause is present.
Recovery proceedings under the Telangana Revenue Recovery Act cannot be initiated without prior determination of the amount due, especially when an arbitration clause exists in the agreement.
The main legal point established in the judgment is the obligation of the State and FCI to directly procure paddy from farmers at the MSP to prevent distress sales and eliminate middlemen.
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