GOLD STAR GREEN SEEDS PVT.LTD. Vs. STATE OF U.P.
LAWS(ALL)-2020-8-15
HIGH COURT OF ALLAHABAD
Decided on August 06,2020

Gold Star Green Seeds Pvt.Ltd. Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) The C.M. Application No. 32867 of 2020 has been filed by the petitioner- M/s Gold Star Green Seeds Pvt. Ltd. and C.M. Application No. 36424 has been filed by U.P. Seed Development Corporation and Managing Director, U.P. Beej Vikas Nigam thereby seeking review of judgment and order dated 14.02.2020 passed in Writ Petition No. 8117 (MB) of 2015 ( Gold Star Green Seeds Pvt. Ltd. and another v. State of U.P. and others ).
(2.) In review application No. 32867 of 2020, Sri Utsav Misra, Advocate appeared for the petitioner-Gold Star Green Seeds Pvt. Ltd., Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri V.P. Nag, Advocate appeared for U.P. Beej Vikas Nigam Ltd., Lucknow (in short "Nigam") in review application No. 36424 of 2020 and in both the review applications, Sri Vijyant Nigam, Advocate appeared for National Agricultural Cooperative Marketing Federation of India Ltd. (in short "NAFED").
(3.) Sri Utsav Misra, learned counsel for the review applicant-petitioner/Gold Star Green Seeds Pvt. Ltd. while pressing the review application No. 32867 of 2020 submitted that the writ petition was filed with regard to payment of seeds supplied by the petitioner- M/s Gold Star Green Seeds Pvt. Ltd. to Nigam pursuant to the order dated 29.05.2009. Total 2681.50 (2144.50+537) quintals seed were supplied by the review applicant-petitioner to the Nigam. It is also stated that while passing the judgment dated 14.02.2020, under review, the Court observed that the review applicant-petitioner is entitled to payment of 2144.50 quintals seed and while observing the same, the Court skipped the letter bearing No. U.P.Seed/3006/05/NAFED/09 of Divisional Head of Nigam dated 28.08.2009 written to Manager (Seeds) NAFED as also observations made by the three Members Committee in its report dated 27.12.2012. According to the letter dated 28.09.2009 and the observation made by the three Members Committee in its report dated 27.12.2012, the petitioner is also entitled for payment of 537 quintals seed supplied to Nigam. The total quantity of the seeds supplied to Nigam was 2681.50 quintals. Accordingly, the petitioner is entitled to payment of total 2681.50 quintals seed supplied to Nigam. If the judgment is not reviewed taking into consideration the letters dated 28.08.2009 and report dated 27.12.2012, the petitioner-M/s Gold Star Green Seeds Pvt. Ltd. would suffer irreparable loss and injury. It is also stated that in view of the observations made in the judgment and order dated 14.02.2020, the petitioner could not approach any other forum for redressal of grievance related to 537 quintals seed. The prayer is to allow the review application.;


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