MADHU BAI JAT Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The grievance of the petitioner is that she is the owner of a warehouse in Rajgarh district which provides category 'A' storage facility for consideration of rent, whereas the respondents, in coordination with each other are responsible for conducting the process of procurement, storage and supply of wheat in the State of M.P. through such warehouses. According the petitioner, the rent becomes accrued for each day that the storage facility is used for storage of agricultural produce, which is basic source of revenue for the warehouses, and once the agricultural produce is taken out of the warehouse, no rent is payable in respect of it. Therefore, the longer the agricultural produce stays in a warehouse the better it is revenue wise for the warehouse. Considering the fact that there are multiple warehouses and every warehouse wants the agricultural produce to be stored for as long as possible, the State has laid down policies regulating the processes of procurement, storage and supply (to FCI etc.) of wheat which is fair and equitable. Whenever the Food Corporation of India requires wheat to be taken from the State, the MPSCSC suggests a list of warehouses which are eligible to give delivery of agricultural produce to the FCI. It is from this list that the FCI takes the quantity of agricultural produce it requires. The list must be prepared in accordance the priority order stipulated in the Joint Venture Scheme 2023-24 (AnnexureP/5). This priority order is based on the parameters of cost efficiency, time efficiency and equitability. However, in utter disregard to the said priority order, MPSCSC and FCI are collecting wheat from the petitioner's warehouse, in an arbitrary and discriminatory manner to cause unjustified financial loss to the petitioner. On the basis of the manner of conduction of the collection process, non-transparency of warehouse wise & district wise stock list which ought to be regularly uploaded on the website but isn't being so updated, absence of proper information when it comes to the quantity of agricultural produce actually requisitioned by the FCI and whether the same is actually being handed over to the FCI, explanation as to why agricultural produce is not being collected from the 'Ready for Delivery' warehouse where the agricultural produce has been lying stored for a much longer period of time and the period antecedents of Respondents, of Respondents Nos. 06, 04, 09 and 10 in the context, the petitioner strongly suspects foul play, partiality and corruption. It is also suspected that wheat being collected from the petitioner's warehouse is not actually being supplied to FCI, instead it is being transferred to other warehouses so that those warehouse owners could benefit from increased rental income. Considering such out of the way favours are being afforded to these warehouse owners, there is a strong likelihood of bribery involving all those responsible for exercising discretion over the whole process of inflow and outflow of agricultural produce. The petitioner is aggrieved by the said non compliance with the fair policy resulting into discrimination and partiality by the State violating the Right to Equality guaranteed under Article 14 of the Constitution of India.

(3.) Thus, the grievance of the petitioner is that the respondents are not acting in line with fair policy resulting into discrimination and partiality by the State.