ABHAY KUMAR JENA Vs. COLLECTOR, CUTTACK

JUDGEMENT

(1.) As per the writ petition, the petitioner is a registered dealer in paddy. He use to purchase common paddy from different farmers on payment of the support price declared by the Government. On 3.12.2009, he purchased 157 quintals of paddy from three different farmers on payment of support price of Rs. 950/- per quintal. On 23.12.2009, while Shri Rama Chandra Rout, an employee of the petitioner, was carrying the said paddy being loaded in the truck bearing Registration No. WB-67-6535 in 237 bags to Chhatisgharh, on the way, the Inspector of Supplies, Athagarh Block & N.A.C., Athagarh seized the same along with the truck and some documents vide Seizure List Annexure-4 despite production of Xerox copies of the purchase vouchers, Identity Cards of the three farmers and bills, etc, on the allegation that he violated Rule 13 of the Orissa Rice and Paddy Procurement (Levy) and Restriction on Sale and Movement Order, 1982 and the Food and Procurement Policy issued by Government of Orissa, Food Supplies & Consumer Welfare Department letter No. OLIP-25/09-21243(30) dated 5.10.2009, for the Kharif marketing Season 2009-10. In this writ petition, the petitioner has prayed to quash the seizure list under Annexure-4.

(2.) Learned counsel for the petitioner submits that the petitioner is a dealer in respect of paddy under Section 7(1)/7(2) of the Central Sales Tax Act, 1956, as per Annexure-1. This certificates was issued on 5.12.2005 and it is valid from 21.11.2005 till it is cancelled. Since the said certificate has not yet been cancelled, it still in force. The petitioner purchased the aforesaid quantity of paddy from three different farmers namely, Prasanna Kumar Rout, Shridhar Sahoo and Suresh Sethy, all of Bindhanima under Athagarh NAC on payment of Rs. 950/- per quintal as the support price. To be more specific, he purchased 37 quintals from Suresh Sethy, 37 quintals from Prasanna Kumar Rout and 50 quintals of paddy from Shridhar Sahoo under Annexure-2 series. Rama Chandra Rout, the employee of the petitioner, produced the photo copies of the purchase vouchers, the voter identity cards of the aforesaid farmers and bills etc. Learned counsel for the petitioner further submits that in view of the Removal of (Licensing requirements, Stock limits and Movement Restrictions) on Specified Foodstuffs Order, 2002 issued by Government of India, any one may freely buy, stock, sell, transport, dispose, acquire, use or consume any quantity of paddy without a permit or license. So the seizure is illegal.

(3.) On the contrary, Mr. Mohapatra, learned Addl. Govt. Advocate contends that, only because the petitioner has been registered as a dealer in paddy under Section 7(1)/7(2) of the Central Sales Tax Act, 1956, it cannot be said that he can purchase paddy without being backed by any authority for the same. As per the Food Procurement Policy of the State Govt, in Kharif Marketing Season 2009-10, only Orissa State Civil Supplies Corporation Limited, National Agricultural Co-operative Marketing Federation, Orissa State Co-operative Marketing Federation and Tribal Development Co-operative Corporation of Orissa Limited can procure paddy in the State. The petitioner not being coming under any of these categories, he can not purchase paddy. Learned Addl. Government Advocate further contends that on verification of the purchase vouchers and the supporting documents, it is found that the petitioner purchased 50 quintals from Sridhar Sahoo, 70 quintals from Prasanna Kumar Rout and 37 quintals of paddy from Suresh Sethy. But on investigation, it was found that Prasan Kumar Rout only owns Ac.2.41 decimals and Suresh Sethy Ac.0.09 decimals of land. No supporting document with regard to landed property of Sridhar Sahoo could be produced. As per the report of Agriculture Department, yield of paddy per acre is 10 quintals, as such Ac.2.41 decimals of land would yield maximum 25 quintals of paddy and Ac.0.09 decimals of land would yield one quintal of paddy. So the plea of the petitioner that he purchased 70 quintals of paddy from Prasanna Kumar Rout and 37 quintals of paddy from Suresh Sethy is absolutely false. In absence of any document showing the ownership of any land by Sridhar Sahoo, it cannot be believed that the petitioner purchased 50 quintals of paddy from him. So the purchase vouchers are forged. Learned Addl. Govt. Advocate further contends that as per the notification dated 1st November, 2009 of Govt, of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, under Annexure-C/2 incentive bonus of Rs. 50 per quintal for procurement of paddy during KMS 2009-10 over and above the MSP of Rs. 950/- per quintal shall be paid to the farmers. The petitioner claims that he paid Rs. 950/- per quintal to the farmers from whom he purchased the paddy in question. Since he has not paid Rs. 50/- more per quintal, he violated the aforesaid Circular. Furthermore, learned Addl. Govt. Advocate contends that Removal of (Licensing requirements, Stock limits and Movement Restrictions) on Specified Foodstuffs Order, 2002 issued by Government of India, will not be applicable to the Orissa Rice and Paddy Procurement (Levy) and Restriction on Sale and Movement Order, 1982. So, the Inspector of Supplies (opp. party No. 3) has rightly seized the paddy along with the truck and the document.