Rakesh Kumar Jain, J. - (1.) This order shall dispose of a batch of 62 cases bearing CWP Nos. 5179, 10089, 12482, 12483, 12535, 13052, 13194, 14029, 14145, 14902, 15398, 16137, 16428, 16560, 16869, 17130, 17208, 17582, 17609, 17733, 17844, 18055, 18106, 18221, 18861, 19313, 19342, 19362, 19848, 19929, 19989, 20116, 20237, 20492, 20701, 21001, 21004, 21189, 21210, 21231, 21387, 21479, 21702, 15970, 22300 & 23615 of 2014, 7991, 12416, 160, 17412, 17982, 22727, 22438, 21084, 21633, 21994, 10867, 14931, 18839, 18513, 19582 and 21187 of 2015 as a similar issue is involved in all these cases. However, for the sake of convenience, the facts are being extracted from CWP No. 5179 of 2014, which was ordered to be treated as the lead case vide order dated 30.03.2015.
(2.) The petitioners are the rice millers of Punjab who have prayed for issuance of a writ in the nature of mandamus, directing the respondents to take back, once used gunny bags, lying with the millers for the Kharif Marketing Season (KMS) 2010 -11 to 2012 -13 and current KMS 2013 -14, compelled to be retained by the millers at the rate of 60% of the cost and for a direction to the respondents not to recover value of the once used gunny bags, as the act of respondents No. 2 to 9 in not allowing the rice millers to use once used gunny bags for procurement of paddy during KMS 2011 -12 to 2012 -13 and current KMS 2013 -14, despite being allowed by respondent No. 1, is wholly arbitrary and illegal.
(3.) In brief, the Central Government procures rice for central pool by two sources; firstly by Custom Milled Rice (CMR) wherein the paddy is purchased by the State and its agencies, got milled from the rice millers, the rice is delivered to the Food Corporation of India (FCI) by the millers in the gunny bags provided to them by the State agencies and the cost of the gunny bags, in which the rice is delivered, is reimbursed to the agencies first as per the provisional cost sheets and finally as per the final CMR cost sheets, which are issued in consultation with the State Govt. concerned and for the bags retained by the State agencies, gunny depreciation is paid to the State and its agencies as per the costs sheets. Secondly, the rice is procured through levy rice, wherein the quantity of rice, as fixed by the Govt. of India, in consultation with the State Government, is delivered by the millers to the central pool from the paddy purchased by the millers from their own resources.;