RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking a writ in the nature of mandamus directing respondent No. 2 not to interfere in the milling of paddy.

(2.) VIDE allotment letter dated 23.11.2012 (Annexure P -1), M/s. Gill Rice Mill, Batala -petitioner was to be allotted 35000 quintals of paddy for the season 2012 -2013. Accordingly, an agreement was entered into between PUNGRAIN agency and the petitioner for allotment of paddy for the purposes of storing and custom milling for the season 2012 -13. Thereafter, the petitioner deposited a cheque to the tune of Rs. 3 lacs on 28.12.2012 towards security. However, this security was deficient and therefore, the PUNGRAIN allotted only 5000 bags of paddy to the mill of the petitioner. On 22.01.2013, Lakhwinder Singh, DFSO, Gurdaspur conducted physical verification of the premises of the petitioner in his absence and thereafter, an FIR (annexure P -3) was got registered on the allegation that there was shortage of paddy in the godown of the petitioner.

(3.) THE petitioner, in the present petition, is seeking direction that he be allowed to mill the paddy, lying in his premises and thereafter, sell the rice, which belongs to him. It has been further pleaded that since the investigation in the FIR (Annexure P -3) will take a long time, therefore, the paddy should be saved from getting destroyed.