- (1.) By this order, I am dealing with C. W. P. Nos. 4179, 4178 and 4463 of 2012.
(2.) Facts are being taken from C. W. P. No. 4179 of 2012.
(3.) Although the petitioner has come up with a seemingly innocent prayer seeking directions that the Food Corporation of India (hereinafter referred as F. C. I. ) be directed to lift and accept the paddy milled by the petitioner-firm, but the F. C. I. is resisting it on the ground that the petitioner-mill is supposedly the successor-in-interest of a firm named M/s Baba Vir Giri Rice Mills which stood blacklisted and hence they were not obliged to deal with such a firm. The petitioner as a measure of assertion of its rights, refers to the milling policy which is on record as Annexure P-8 with particular reference to clause 11, the relevant portion of which is extracted here below:- "11. ALLOTMENT OF RICE MILLS: a. Allotment of rice mills will be made by a district level committee comprising all district heads of the procuring agencies headed by the Deputy Director (Field) of the division concerned. District Managers of procuring agencies will be equally responsible in case of wrong allotment. If any agency finds any discrepancy in allotment, capacity fixation or any violation of the policy, they will bring these facts to the notice of the Director Food & Supplies, Punjab for necessary action and her decision will be final. .. . . . . . . . d. All the allotments of rice mills would be completed before 15.9.2011. After this date, the allotment cases will be sent to Head Office for approval. Allotment made once shall not be changed. Wherever any necessary change is required, it will be done at the level of Director Food and Supplies. h. (v) If the owner/partner/director of a lessee/owner rice mill becomes defaulter and is a owner/partner/director of a new/ lessee/owner rice mills, the mill and mill premises in question declared as defaulter will not be considered for allotment, if transference of rice mill, either through selling out or through leasing out, is found to be sham. Besides, any family member of a defaulter rice mill, unless living separately will also be treated as a defaulter. In such a case, proof of separate residence/separate family will be required to the effect that his project is not being financed/promoted by his defaulter family members/blood relations. The Director Food & Supplies will examine such cases and his decision will be final and binding to all concerned. " ;