RAGHAVACHANDRA EXPORTS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Private Limited Company, and one of its activities is to export food grains to other countries. It is stated that in the year 1999, it has exported 22,000 metric tones (MTs) of rice to Nepal. The Food Corporation of India, the 2nd respondent, purchases stocks of food grains and mainly caters to the needs of public distribution. Depending upon the stock position, it also supplies food grains to various agencies for domestic consumption as well as for export, guided by the policy, that may be framed by the Union of India, the 1st respondent herein, from time to time.

(2.) On 8.6.2001, the 2nd respondent issued a circular, stipulating the norms for supply of food grains for export. In response to the same, the petitioner made an application on 23.7.2001 for allotment of 2,400 MTs of rice with an object of exporting the same to Nepal. Since there was no positive response, it filed WP No.17868 of 2001 before this Court. A representation was made on behalf of the respondents 2 and 3, before this Court, to the effect that there is ban on export of rice to Nepal. A letter dated 6.8.2001 was filed. Taking on record the said representation, this Court dismissed the writ petition, through its order dated 13.8.2001. However, permission was accorded to the petitioner to challenge the policy, through which, the export of wheat and rice to Nepal is banned. This writ petition is filed challenging the letter dated 6.8.2001, through which the 2nd respondent informed the petitioner that the 1st respondent imposed ban on export of rice and wheat to Nepal.

(3.) The petitioner contends that, in spite of its repeated efforts, the 1st respondent did not furnish any material or proceedings through which, the alleged ban on export of rice and wheat was imposed. It is also urged that, at the relevant point of time, there was phenomenal and excessive production of rice in the country, and there was absolutely no basis for imposition of ban, at all.