KHARAR RICE MILLS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, both writ petitions bearing Nos. CWP-10250-2021 and CWP-10379-2021 are disposed of as impugned orders are common and involve common questions. For the sake of convenience, facts are borrowed from CWP-10250-2021.

(2.) The petitioner, through instant writ petition under Article 226 of the Constitution of India is seeking setting aside of order dtd. 6/11/2020 (Annexure P-5) passed by District Allotment Committee ('DAC') whereby petitioner has been blacklisted for 3 years and order dtd. 5/4/2021 (Annexure P-13) passed by respondent No.1 whereby second appeal of the respondent has been allowed.

(3.) The brief facts of the case are that petitioner is engaged in the business of processing/converting paddy into rice. The business of the petitioner depends upon receipt of paddy from the Government Agencies. The respondent, from time to time, frames policy with respect to allotment of paddy to different rice mills through procurement agencies. For the Crop Year 2020-21, the petitioner was allotted particular quantity of paddy for conversion. The respondent-authorities on physical verification found that petitioner has stored unauthorized paddy. A show cause notice dtd. 3/11/2020 (Annexure P-3) came to be issued to the petitioner. In the show cause notice, there was no proposal for blacklisting the petitioner. The respondent filed its reply to aforesaid show cause notice. The show cause notice culminated into order dtd. 6/11/2020 (Annexure P-5) whereby not only allotment of paddy was cancelled but also the petitioner was blacklisted for 3 years. The order came to be passed by DAC. The petitioner preferred an appeal before Appellate Authority against cancellation. The petitioner did not assail blacklisting before Appellate Authority and preferred CWP No.19635-2020 before this Court qua blacklisting. The appeal of the petitioner came to be allowed during the pendency of writ petition before this Court. In view of setting aside of cancellation-cum-blacklisting order, this Court vide order dtd. 2/3/2021 disposed of aforesaid writ petition as infructuous. The respondent preferred an appeal against appellate order which came to be allowed vide impugned order dtd. 5/4/2021 (Annexure P-13).