- (1.) This petition under Articles 226/227 of the Constitution of India is for issuance of writ in the nature of certiorari for declaring the action of respondent No. 1 and 2 as discriminatory and illegal in not allowing the relief @ Rs.200/- per quintal of KS 2009 paddy (PAU 201) delivered to the petitioners for milling and directing them to give the same relief to the petitioner as cost of up-gradation of rice as has been given to the similarly situated rice millers in the Districts of Mansa and Bathinda (Punjab) and further prayer is for issuance of writ in the nature of mandamus directing respondents to release the FDR's and undated cheques which are lying as security with the respondents along with damages to the tune of Rs.80 lac.
(2.) Both the firms/petitioners are registered partnership firms under the Indian Partnership Act, 1932 and are engaged in the rice shelling in the State of Haryana. Respondent Nos. 3 to 5 purchased paddy relating to Kharif 2009 crop of the year 2009 as per its policy from various Grain markets located in the State of Haryana. The entire paddy was to be purchased by the State agencies from the farmers through the Grain Markets and after purchase, the same has to be got milled and consequently the rice has to be delivered to the Central pool i.e respondent No. 2. During the Kharif Marketing Seasons (KMS), 2009, respondent No. 5 for and on behalf of respondent Nos. 3 to 5 had purchased a large quantity of paddy of Grade 'A' (PAU-201) from Ismailabad Market, Distt. Kurukshetra.
(3.) Respondent No. 5 allocated the aforesaid procured paddy to various rice millers in Distt. Kurukshetra and also entered into the similar milling contracts with petitioners on 26.09.2009 for the quantity not disclosed therein. As per contract (P-5), 69999.80 quintals and 35751.65 quintals of paddy was allocated to the petitioners from Grain Market, Ismailabad. The aforesaid quantity of paddy was removed by the petitioners from Grain Market, Ismailabad and stocked the same in their rice mill premise, respectively up to the first week of November, 2009. A copy of contract dated 26.09.2009 entered between petitioner No. 2 and state agency is P-5. The paddy was to be milled by them interms of policy framed by the State of Haryana for the KMS, 2009 (P-6). As per this policy, the petitioners/firms gave their requisite guarantees of two local commission agents respectively were obtained by respondent No. 5 from the petitioners in terms of clause 12 of the Contract. The village Ismailabad falls on Ambala-Pehowa road. Punjab region of District Patiala is 6 km away from this village Ismailabad. In this belt, there was huge production of paddy and respondent Nos. 3 to 5, against policy (-6) allotted 6999.98 M.T paddy to petitioner No. 1 and 3575.16 M.T paddy to petitioner No. 2 for milling. After paddy is delivered by respondent No. 5 to the petitioners, rice was to be delivered by the petitioners according to the schedule mentioned in para No. 9 of the petition.;