LAXMIDEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Sri. Kalyan Basavaraj, learned Assistant Solicitor General of India is directed to take notice for respondent No. 1. The Government pleader is directed to take notice for respondents 2 to 4. The petitions are considered for final disposal having regard to the facts and circumstances.

(2.) It is the case of the petitioners that the petitioners are the Rice Millers and also traders in food grains. It is claimed that the first respondent, in exercise of power conferred under Section 3 of the Essential Commodities Act, 1955, had made the order, called the Removal of (Licensing requirements, stock limits and movement restrictions) on Specified Food Stuffs Order, 2002 and the same is extended to all States and Union Territories of India and came into force in 2002. Therefore, by virtue of the same, there was no restriction on the movement of rice and paddy from one place to another.

(3.) The learned Counsel for the petitioners would draw attention of the Court to a Notification dated 11.10.2012 at Annexure-"G" to the petitions, which declares the policy of the State to commence procurement under Mill Point Levy operation for Kharif Marketing Season 2012-13 and that since the Government of India was yet to announce the price of levy rice for Kharif Marketing Season 2012-13, it was decided to fix the levy rice price on adhoc basis at the rates fixed for 2011-12. Therefore, the State Government shall make payment to the millers as per the rates given in the table appended to the notification and has permitted the Karnataka Food and Civil Supplies Corporation to purchase rice under Mill Point Levy and minimum sale price as per the terms and conditions stipulated by the Government Notification in the year 1999. It is by virtue of this that the respondents are seeking to prevent the transportation of rice and paddy.