SITANI ROLLER FLOUR MILLS PRIVATE LIMITED MEDCHAL R R DIST Vs. GOVERNMENT OF INDIA MINISTRY OF FOOD NEW DELHI

JUDGEMENT

(1.) Five different firms have filed writ petition No.5762 of 1997 against the Food Corporation of India and five others, for obtaining a writ of Mandamus directing the respondents 2 and 3 to supply January 1997 wheat quota at the price prevailing prior to 5-2-1997, Similarly in WP No.5495 of 1997 four different firms have sought similar directions against the respondents 2 and 3 and in WP No.8553 of 1997 one firm has sought similar directions against the respondents 2 and 3. Since issues involved in all the three writ petitions are the same, the same are being dealt with and disposed of by this common judgment.

(2.) The petitioner's case is that wheat and wheat products were declared as essential commodities in the recent past before the writ petitions were filed. Since wheat was brought within the purview of State Licensing Order i.e., the A.P. State Schedule Commodities Dealers (Licensing and Distribution) Order, 1982, the State Government through a (three member committee had been fixing the prices of sale of wheat and wheat products. The Food Corporation of India (for short 'the FCP) allotted 2,700 metric tonnes of wheat to Andhra Pradesh for distribution under Open Market Sale Scheme (for short 'OMSS') for the month of December 1996. The current policy of the Central Government was to allot 60% of the total allotted wheat to the Roller Flour Mills subject to a maximum of 500 metric tonnes per mill per month. For the month of December 1996, 41 Roller Flour Mills were given 365 metric tonnes each according to instruction issued by FCI on 6-12-1996. Once again, 70 metric tonnes of wheat were allotted to each mill in addition to 365 metric tonnes. Accordingly all the 41 Roller Flour Mills lifted the quota allotted to them.

(3.) The FCI, New Delhi, issued instructions dated 27-12-1996 (No J/1 (1)/97/ PY/S.III/Jan.97) to the effect that the same policy which was adopted for the month of December, 1996 shall be adopted for the month of January, 1997. The instructions were as under: