GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIRTY three farmers belonging to the District Fatehgarh Sahib and District Patiala have filed this petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to pay compensation of the loss suffered by them on account of sale of Paddy below the Minimum Support Price (MSP) for the Paddy which was purchased by the State of Punjab between 21.9.2000 to 14.10.2000.

(2.) IN the petition, it has been averred that the State of Punjab announced the decision of payment of compensation @ 62% of the loss caused to the farmers due to the difference between the Minimum Support Price and the rate at which the Paddy was actually purchased. The District Food and Supplies Department, Amloh District Fatehgarh Sahib prepared the Disbursement Roll of compensation to be paid to the farmers and sent it to Director Food and Civil Supplies, Punjab. In this list, the farmers of District Fatehgarh Sahib were included. A large number of farmers including some farmers from District Fatehgarh Sahib, have been paid the compensation in June/July, 2001. Till date, the petitioners have not been paid the compensation amount. The petitioners, therefore, complain that the action of the respondents is arbitrary and violative of Article 14 of the Constitution of India. In paragraph 3 of the petition, the petitioners have given details of the Paddy sold between 21.9.2000 to 14.10.2000 through Commission Agents (Artias) M/s Sohan Lal Company Amloh, M/s Sohan Lal Surjit Singh Amloh and M/s Tarsem Chand Harbans Lal Amloh. The details of the 'J' form Nos. are as follows:-

(3.) A written statement has been filed by the respondents. A preliminary objections has been taken. The respondents have admitted that there was a scheme for compensation of the farmers as stated by the petitioners. This policy was issued on 10.6.2001. The policy provided that the disbursement compensation would be made by the Deputy Commissioner on whose disposal the calculated amount of the each District will be placed. Disbursement Committees were ordered to be formed under the Chairmanship of concerned Sub Divisional Magistrate consisting of following members:-