- (1.) Separate written statements on behalf of respondents No.1 to 5 and respondent no.7 have been filed in Court today. The same are taken on record.
(2.) The present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the orders passed by the Deputy Commissioner, Jhajjar on 27.8.2012 (Annexure P-1) and 28.8.2012 (Annexure P-2) vide which seals have been put on the locks of all the godowns of Panchsheel Seeds, Silana, District Jhajjar (proprietory concern of Rajpal Singh), respondent no.7. Writ of Mandamus has also been prayed for removing the seals and further direction to respondents No.1 to 6 for allowing the periodical fumigation of the entire stocks available in the godowns No.1,3 and 4 to save the perishable food grain commodities from rotting due to humidity and insects and to allow the sale of the entire perishable food grain commodities in open market immediately by public auction with police protection by the petitioner bank and to appropriate the sale proceeds towards outstanding dues of the secured creditor/petitioner bank and the complainant farmers.
(3.) The pleaded case of the petitioner bank is that it had granted a credit facility to respondent no.7-M/s Panchsheel Seeds, village Silana, District Jhajjar (Haryana) to the extent of Rs. 230 lacs against the pledge of goods commodities stored in warehouse No.1,3 and 4 collaterally managed by M/s Star Agri Warehousing & Collateral Management Ltd. Respondent no.7 was producer of all types of certified seeds and having a plant and office at village Silana and keeping the stocks of food grains commodities like wheat, mustard, arhar, barley and paddy and the said stocks were pledged to the petitioner-bank and it had actual control over the said stocks.;