ASHIRWAD INDUSTRIES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-firm seeks a direction to the Punjab Agro Foodgrains Corporation, respondent Nos. 6 and 7 herein, to issue a 'No Objection Certificate' in its favour to enable it to seek registration so as to undertake milling of paddy.

(2.) The petitioner-firm purchased a rice mill at Village Bhai Rupa, which was hitherto owned and managed by M/s. Jai Maa Kali Rice Mill, in the Court-held auction in the course of execution proceedings against M/s. Jai Maa Kali Rice Mill and others. Sale Certificate dated 03.05.2019 was issued to the petitioner-firm in this regard. However, the request of the petitioner-firm for registration under the Punjab Custom Milling Policy for Paddy (Kharif 2019- 2020) was rejected by the Director, Food, Civil Supplies and Consumer Affairs, Punjab, vide order dated 15.11.2019. The appeal filed by the petitioner-firm against this order is stated to have been disposed of on 03.09.2020, taking note of the passage of time and leaving it open to the petitioner-firm to seek registration afresh under the Milling Policy for the year 2020-2021.

(3.) It may be noted that when the case of the petitioner-firm for registration under the Milling Policy of 2019-2020 was under consideration, Memo No. A-15-2019/8644 dated 20.09.2019 was addressed by the District Controller, Food, Civil Supplies and Consumer Affairs, Bathinda, to the Food Corporation of India, Markfed, PUNSUP, Punjab Agro Foodgrains Corporation and Punjab State Warehousing Corporation calling upon them to submit their no objection/no dues certificates with regard to registration of the petitioner-firm. The Food Corporation of India responded, vide letter dated 20.09.2019, stating that nothing was pending against the predecessor-in-interest of the petitioner-firm. Similar was the response of the Markfed at Bathinda vide its letter dated 02.10.2019. The District Manager, PUNSUP, also addressed letter dated 23.09.2019 stating to the same effect. The Punjab State Warehousing Corporation echoed the same sentiment, under its letter dated 20.09.2019.