FOOD CORPORATION OF INDIA Vs. SANCHETI RICE MILL

JUDGEMENT

(1.) In this appeal preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyaylaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assail is to the order dated 13.3.2007 passed by the learned Single Judge in Writ Petition No.2372/1995.

(2.) Sans unnecessary details the facts which are requisite to be stated are that the first respondent is a owner of Rice Mill situated in Waraseoni, District Balaghat. The State Government in exercise of powers conferred on it by Section 3 of Essential Commodities Act, 1955 (for brevity 'the Act') to secure the surplus rice available in the State for meeting the requirement of other deficit States issued M.P. Rice Procurement (Levy) Order, 1970 (for short 'the Levy Order') which came into force with effect from 12.8.1970. Clause 3 of the said Order stipulates that every licenced miller has to sell to the Purchase Officer at the price fixed under Clause 4. Clause 4 of the Levy Order postulates that where a person is required to sell rice under Clause 3 to the Purchase Officer the price shall be payable as specified in Schedule 1 to the order. The Food Corporation of India (for brevity 'the Corporation') was appointed as the Purchase Officer and the respondent No.1 being the licenced miller was required to sell the notified percentage of rice to the Depot Incharge of the Corporation at the scheduled price notified from time to time by the State Government in the Levy Order.

(3.) It was the case of the first respondent before the writ Court that in pursuance of the circular dated 05.10.1994 the Corporation procured the levy rice from him during the period 05.10.1994 to 29.11.1994. The said circular provided the rates for common rice, fine rice and superfine rice at the rate of Rs.558.10 P, Rs.589.15 P and Rs.620.20 P per quintal respectively. Later on, the Corporation issued a communication dated 29.11.1994 stating therein that it had received a intimation from the Government of India that procurement/ purchase price of levy rice for the Kharif marketing season in the year 1994-95 in the State of Madhya Pradesh was reduced and revised. The revised rates for common rice, fine rice and superfine rice is Rs.546.05P, Rs.576.40P and Rs.606.75P per quintal, respectively. The Corporation further clarified that the amount overpaid to the miller shall be adjusted from the future payments. On the basis of the aforesaid communication the Corporation found that it had made excess payment of Rs.1,16,426.45 P to the first respondent and same may be deducted from his subsequent bills.