- (1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India making the following prayers : "(a) To issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover the amount mentioned in the impugned recovery certificate dated 27.6.2003 (Annexure-8 to the writ petition) issued by the respondent No. 2 i.e., Regional Food Controller, Varanasi from the petitioner. (b) To, issue a writ, order or direction in the nature of certiorari for quashing the impugned recover certificate (Annexure-8 to the writ petition) issued by the respondent No. 2 i.e., Regional Food Controller, Varanasi. (c) To issue a writ, order or direction in the nature of mandamus commanding the respondents not to sell the agricultural property of the petitioner in pursuance of the impugned recovery certificate (Annexure-8 to the writ petition) issued by the respondent No. 2 i.e., Regional Food Controller, Varanasi, situated in village-Jogamusahib, Deoria and Sabirapur. (d) To issue such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case so that justice be done between the parties. (e) To award cost of the writ petition throughout to the petitioner as against the respondents."
(2.) As per the averments made in the writ petition, the petitioner at the relevant time was running the business of rice mill under the name and style of 'M/s. Jai Prakash Mini Rice Mills' situated at Jogamusahib, District Ghazipur.
(3.) The petitioner entered into an agreement with the State Government under which the State Government was to supply paddy to the petitioner, and the petitioner was required to convert the paddy into rice in the mill run by the petitioner. After converting the paddy into rice, the petitioner was required to return the same to the regional food controller. For every 100 quintals of paddy, the petitioner was required to return to Regional Food Controller, 64 quintals of rice or any other quantity as fixed by the Government from time to time.;