Ritu Bahri, J. - (1.) THE petitioner is seeking a writ in the nature of mandamus directing respondent No. 2 not to interfere in the milling of paddy.
(2.) VIDE allotment letter dated 23.11.2012 (Annexure P -1), M/s. Gill Rice Mill, Batala -petitioner was to be allotted 35000 quintals of paddy for the season 2012 -2013. Accordingly, an agreement was entered into between PUNGRAIN agency and the petitioner for allotment of paddy for the purposes of storing and custom milling for the season 2012 -13. Thereafter, the petitioner deposited a cheque to the tune of Rs. 3 lacs on 28.12.2012 towards security. However, this security was deficient and therefore, the PUNGRAIN allotted only 5000 bags of paddy to the mill of the petitioner. On 22.01.2013, Lakhwinder Singh, DFSO, Gurdaspur conducted physical verification of the premises of the petitioner in his absence and thereafter, an FIR (annexure P -3) was got registered on the allegation that there was shortage of paddy in the godown of the petitioner. The petitioner's case is that the paddy, lying in the godown at the time of physical verification, had been purchased by the petitioner and the same did not belong to PUNGRAIN. The petitioner has taken loan from Punjab & Sind Bank -respondent No. 3 and hypothecated the entire stock with the bank. Security of land to the tune of Rs. 3.96 crores is also with the bank. As per the audit report (Annexure P -6) of the bank, stock of Rs. 5.60 crores is lying in the premises of the petitioner. The bank -respondent No. 3 has given a notice dated 04.03.2013 (Annexure P -8) to the petitioner as well as PUNGRAIN -respondent No. 4 stating that the it (the bank) has got the first lien and charge over the stock lying in the godown of the petitioner and before initiating any action against the stock lying in the premises of the petitioner, necessary information should be given to the bank. Similar notice dated 20.07.2013 (Annexure P -9) has also been sent by respondent No. 3 -bank, reiterating that the bank has got the first lien and charge over the stock lying in the premises and godowns of M/s. Gill Rice Mills and the FIR (Annexure P -3) was registered without informing the bank.
(3.) THE petitioner, in the present petition, is seeking direction that he be allowed to mill the paddy, lying in his premises and thereafter, sell the rice, which belongs to him. It has been further pleaded that since the investigation in the FIR (Annexure P -3) will take a long time, therefore, the paddy should be saved from getting destroyed.;