A.K.GOSWAMI, j. - (1.) THIS writ petition is filed challenging an order dated 07.09.2007 (Annexure-9) and a letter dated 16.10.2007, both under the signature of the Secretary to the Government of Assam, Food, Civil Supplies and Consumer Affairs Department, and praying for a direction to allot Public Distribution System (for short, 'PDS') wheat to Modern Chakki Mills (for short, 'MCMs') at par with Roller Flour Mills (for short, 'RFMs'). The impugned order dated 07.09.2007 was passed pursuant to a judgement and order of this Court dated 23.02.2007 rendered in WP(C) 4000/2004 and WP(C) 4782/2004.
(2.) PETITIONER No. 1 is a registered association of Modern Atta Chakki Mills having 125 members and the petitioner No. 2 is the Secretary of the petitioner No. 1 association. It is the case of the petitioners that prior to 1999, MCMs used to get allotment of 90% of the total allotment of PDS wheat for grinding and the RFMs used to get the balance 10% of the total allotment. In order to produce superior quality Atta for distribution under PDS, in terms of the Government notification dated 22.09.1989, the members of the petitioner association had also upgraded their respective Chakki Mills to conform to the requirement stipulated, fulfilment of which alone entitled the Chakki Mills to receive PDS wheat for grinding. Pursuant to a policy decision taken by the Government of India to distribute whole wheat instead of Atta to the consumers under the PDS, allotment of whole wheat to both MCMs and RFMs was discontinued. However, the Government reverted back to the earlier system of distributing Atta to the consumers as the changed system did not prove to be successful and, consequently, the system of allotment of whole wheat to MCMs and RFMs for grinding was resumed. However, contrary to the earlier practice, allotment of whole wheat was totally stopped to MCMs and the entire quantity available for allotment was allotted to RFMs. Aggrieved, the petitioners approached this Court by filing a writ petition, namely WP (C) 4000/2004, praying for a direction to the respondent State authorities to allot PDS wheat to the MCMs on the basis of the practice prevalent prior to 1999.
(3.) AS noticed earlier, by a judgement and order dated 23.02.2007, the writ petition was disposed of along with another writ petition, namely, WP(C) 4782/2004. During pendency of the aforesaid writ petitions, as it appears from the aforesaid judgement, allotment of wheat to MCMs was also started from the month of November, 2004. In the aforesaid writ petitions, while dealing with the petitioners' grievance that the allotment made to the MCMs was insignificant compared to the allotment made to RFMs, this Court observed that the Government would have to device appropriate measures so that MCMs can get allotment of a fair quantity of PDS wheat. Direction was also issued to the respondents to review the system and to take a decision so that the MCMs are not discriminated in the matter of allotment of PDS wheat and they are also provided with a fair quantity of PDS wheat at par with the RFMs. Liberty was given to the Government to impose such conditions as might be considered necessary towards allotment of PDS wheat to the MCMs. By the impugned order, in substance, based on the milling capacity of the RFMs, decision was taken to allot 78% of the total PDS wheat received by the State to the RFMs and 22% to the MCMs after making allotment for Tea garden workers and the Autonomous Councils of the State of Assam. The order also reflects that, at the time of passing of the order, the MCMs were getting allotment of 18% and the RFMs were getting 82% of the total allotment. Consequently, monthly allotment in favour of the RFMs in quantitative terms was reduced to 9554 Metric ton (MT) per month, being 78% of their total milling capacity, and the monthly allotment to MCMs was enhanced to 2695 MT, per month, which corresponds to 22% of their milling capacity. Certain conditions, as reflected in Annexure-A to the said order, were also imposed for consideration of allotment of PDS wheat to the MCMs. By the letter dated 16.10.2007 (Annexure-15), in response to the representation of the petitioner No. 1, certain relaxation in the requirements, as stipulated in Annexure-A, was granted. Affidavit(s) had been filed by respondent No. 4 and respondent No. 7 to which reply affidavit(s) had also been filed by the petitioners. In response to an additional affidavit filed by the petitioners, respondent No. 7 also filed an additional affidavit.;