MANASA INDUSTRIES Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D Das, learned senior counsel assisted by Mr. HK Nath, learned counsel appearing for the writ petitioners in this batch of writ petitions. I have also heard Mr. D Saikia, learned senior counsel assisted by Mr. S Bora, learned Standing Counsel, BTC, Mr. BK Singh, learned Standing Counsel, FCI appearing for the FCI authorities and Mr. S Banik, learned counsel appearing for the private respondent in all these cases.

(2.) Since the fact situation as well as the nature of grievance expressed in all these writ petitions are identical in nature, wherein similar reliefs have been prayed for, with the consent of learned counsel for all the parties, all these writ petitions are being taken up for disposal, by a common order, at the stage of motion hearing. For the sake of convenience, the facts involved in WP(C) 4802/2020 are being referred to here-in-below for the purpose of disposal of all these cases.

(3.) The writ petitioner is operating a Modern Chakki Mills (MCM) at Bijni in the Chirang district which falls under the BTC jurisdiction. As per the prevailing practice, the authorities allot wheat amongst the various MCMs and Roller Flour Mills (RFM) for grinding into atta for the purpose of distribution under the PDS system. By obtaining necessary licence under the Assam Public Distribution of articles Order, 1982, the petitioner had established its MCM with the approval of the Industries Department of the State of Assam and since past several years, the MCM has been operating by availing APL (above the poverty line) wheat from the authorities. The quantity of wheat allotted to the 8 MCMs and 1 RFM falling in the BTC area is 462 Metric Tones. Petitioner is one of the MCMs whereas the respondent No.8 is the sole RFM in the BTC area. For the month of July, 2020, the allocation of wheat to the petitioner was 35 Metric Tones whereas the respondent No.8 was allocated 38 Metric Tones. In the month of August, 2020, the allocation of wheat to the petitioner was 29 Metric Tones whereas the respondent No.8 was allocated 117 Metric Tones. For the month of September, 2020, the allocation remained same as that of the previous month. However, in October, 2020, the allocation made to the petitioner was brought down to 09 Metric Tones whereas that made to the respondent No.8 was drastically increased to 360 Metric Tones. Aggrieved by such drastic reduction of wheat allocation to the petitioner, it had submitted a representation on 12.10.2020 addressed to the respondent No.2 praying for re-apportionment of the allotment on a proper assessment of the Milling Capacity of the RFM and the MCMs. However, despite receipt of such representation, when no action was taken by the authorities, the petitioner was compelled to approach this Court by filing the present writ petition.