IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

C.W.P.No.11178 of 2012

Date of decision : 31.5.2012

The Anaj Mandi Mazdoor Union Punjab

and others

....Petitioners

Versus

The State of Punjab and others

...Respondents

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

....

Present : Mr.Deepak Bhardwaj, Advocate

for the petitioners.

.....

MAHESH GROVER, J.

The petitioners in the instant writ petition claim to be the

members of the Anaj Mandi Union and another related body

proclaiming to be representing the workers working in the Anaj

Mandi (grain market).

Their prayer is that they should be permitted to take away

the remnants of the grain which is left over after the crop has been

weighed and packed. Much emphasis has been placed on a reply

submitted by the State in CWP No.5261 of 2010, in particular para 14

thereof, which is extracted below to enhance their claim to the

remnants of the grain:-

“That the farmer has every right over the

Chhan/Phoos that consists of broken/small size grain and

other waste/foreign matter, separated from his produce by

C.W.P.No.11178 of 2012 -2-

the cleaning. A farmer, who has every right over the

'chhan/phoos' separated from his produce may choose to

take it back or sell it to anyone in its entirety. However, if

a farmer chooses to collect only the broken/small size

grain and leave the waste/foreign matter that is of no use

to him, then the contractor has a right to collect/dispose of

the same by any means necessary so that the market

remains clean and space is available for keeping the

newly arrived produce. Further it is relevant to mention

here that in the terms and conditions of the auction for

giving the contract for year 2010-11 which were signed by

all the bidders present at the time of auction, it was made

clear that a farmer has every right over the 'chhan/phoos'

separated from his agricultural produce.”

It is not denied by the petitioners in the writ petition that

the grain belongs to the farmers and that the same are sold in the grain

markets where the labourers weigh and pack them in bags for onward

transportation. The petitioners claim a right to take away the remnants

of the grain left behind after the exercise of weighing and packing is

over. But in the considered opinion of the Court there is no

enforceable right in favour of the petitioners who could warrant the

exercise of jurisdiction under Article 226 of the Constitution of India.

It is entirely upto the farmers who may or may not permit the

labourers to retain the broken and small size grain which are left over.

No such material has been brought on record which would enable this

C.W.P.No.11178 of 2012 -3-

Court to evaluate as to whether there is any agreement between the

petitioners, the commission agents and the farmers who may be

involved in the sale and purchase of the wheat and other grains.

In view of the above, this Court cannot traverse into an

area which does not affirmatively disclose any enforceable right and

violation thereof in the exercise of its jurisdiction under Article 226 of

the Constitution of India.

No ground to interfere.

Dismissed.

31.5.2012 (MAHESH GROVER)

JUDGE

dss