NAVAJTOTI MODERN ATTA MILLS Vs. F C I

JUDGEMENT

(1.) Civil Rule No. 4200/95, Civil Rule No. 4201/95, Civil Rule No. 4202/95, Civil Rule No.4203/95 and Civil Rule No. 4198/95, all these five cases are taken up together for hearing as it involves common question of law and facts as well. Issue raised in these petitions relates to the reimbursement of the Road Transport Charges or subsidy.

(2.) The petitioners are the nominees nominated by the Government: of Assam in respect of PDS quota of Wheat for the purpose of obtaining delivery thereof from the respondent No.1, the Food Corporation of India, hereinafter referred to as the FCI, for milling and distributing the same according to the instructions and directions of the Government of Assam. As per the nomination the Government of Assam is entitled to a certain quota of wbsat per month from the FCI for the public distribution system and such quota is distributed amongst the nominees through out the State of Assam as allotted by the State Government subject to the capacity of the nominees and availability of wheat. On such allotment by the Government of Assam, the respective allottees have to deposit the value thereof to the FCI and on deposit of the value, the latter, in its turn, issues delivery order indicating the quantity from where it has to be taken delivery of and the time within which the delivery is to be taken. According to the petitioners, for the delivery of the allotment by the Government of Assam, the bills were passed and paid to the Assam Government by means of account payee cheques drawn in favour of Deputy Commissioner/Director of Food & Civil Supplies. While DCs have been accepting the payment of Road Transportation Charges in respect of Atta and Chakki Mills, the Director of Food & Civil Supplies, Assam, Guwahati, returned the cheques sent to him against payment of Road Transportation Charges bill on the plea that the Director is not maintaining any Bank Account to regulate the transactions. The respondent No.l, FCI, also referred to a discussion held on 18.6.94 in a meeting that took place in the Chamber of the Minister of Assam for Food & Civil Supplies. The said meeting was attended by the representatives of the respondent No. 1/FCI, the State Government including the Director of Food & Civil Supplies and the representatives of the Roller Flour Mills, wherein, amongst others, the following subjects were also, discussed and worked- out:

(3.) One of the grievance of the petitioners is that at the time of issuing release orders, the officials of the respondent No. 1, in a most illegal fashion embedded a note to the effect that the petitioners would not claim for the reimbursement of the road transport charges. The aforesaid undertaking was involuntary, so much so, that the petitioners due to constraint and coercion, had to yield to the pressure tactics of the instrumentalities of the respondent No.1 and gave such an undertaking. The petitioner, therefore, knocked the doors of the Court for the reimbursement of their lawful dues and redressal of their lawful demand.