Order on Board

05/08/2025

1. With the consent of the parties, the present petition is heard finally.

2. Since similar and identical issue is involved in all the writ petitions, as such, they are being clubbed together, heard together and disposed of by this common order. This order will adjudicate the entire bunch of the writ petitions.

3. By way of the present petition, the petitioners have prayed for the following reliefs:

“10.1. A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned pertaining to case of the petitioner for perusal of this Hon'ble Court, if thinks fit in the facts &

circumstances of case.

10.2 A writ and/or an order in the nature of appropriate writ do issue restraining the respondents from the recovery of any loss of paddy due delay in lifting of paddy by the respondents itself and for which loss of moisture the said loss must be counted in driage and further pleased to direct the respondents to consider and decide the letter dated 12.11.2024, in the facts and circumstances.

10.3 A writ and/or an order in the nature of appropriate writ do issue restraining the respondents from adopting the unlawful act for the recovery of the loss which is due to the respondents own fault.

10.4 A writ and/or an order in the nature of appropriate writ do issue directing the respondent to follow the policy framed in this regard for the resolution of the dispute.

10.5 Cost of the proceedings.

10.6 Any other writs and directions that may be deemed fit and just in the facts & circumstances of case.”

4. The petitioners have approached this Court while seeking interference under extraordinary jurisdiction of this Court under Article 226 of the Constitution of India as they are aggrieved by the acts of the respondent authorities by which the Paddy collected by them as per guidelines of the State Government is not being lifted. The entire quantity of paddy which has been purchased by the petitioners society are not being lifted due to which the paddy is drying and its weight, quantity and quality is decreasing day by day. The stock of paddy has crossed buffer limit, however, the last date for purchasing the paddy has been expired but the quantity purchased could not be lifted only due to adamant acts of the respondent authorities especially by the State authorities. On the one hand, the paddy is not being lifted and the weight of the paddy is being reduced due to driage of the paddy for which the petitioners are not responsible and on the other hand, the concerned managers and employees of the society are being threatened for lodging complaints against them, till date order is not being issued. As such, the petitioners have filed this writ petition.

5. Learned counsel for the petitioners submits that the impugned action of the respondents is arbitrary and illegal as the same is totally contrary to the Constitutional soul and also violation of principal of natural justice. The action of respondent no. 5 is malice due to petitioners from each and every movement ensure to comply the guidelines/direction of the State but State Authority failed to consider it. He further contended that the authority is not complying and following the guideline/policy made by the State and Union body (Annexure P/1). He also submits that the rice millar with corroboration of respondents-authorities concerned now seeking 10% illegal demand to clear the Zero shortage and transporting the rest paddy from center. Learned Counsel further submits that the issue involved in the present writ petition has already been considered and