PUSHPA DEVI Vs. STATE

JUDGEMENT

(1.) WITH the consent of the parties, petition taken on board for final disposal at admission stage.

(2.) PETITIONERS are engaged in the business of running rice and flour mills, for which they have been granted licence by the authority concerned under the provisions of J&K Govt. Rice and Flour Mills (Licensing and Control) Order, 1958. The petitioners have installed their units in village and panchayat halqa Thana Plassi, district Kathua. The action of the respondent authorities in granting license to respondent No.4 for installing one more flour mill in the said village is being impugned in the present petition.

(3.) ON the other hand, stand of respondent No.3 is that the proposed spot where the respondent No.4 is to install the unit is one kilometer away from the existing Chakkies. Relying upon the report of the Patwari concerned, it has been stated that the production of wheat and maize is sufficient to cater to the requirement of all the units including that of private respondent. It is further stated that the report was also called from the Tehsildar concerned and it was on the basis of the reports furnished by the revenue authorities that the license order has been issued in favour of the private respondent. It is contended that the total production of wheat in the area is 6350 qtls and that of maize is 1500 qtls. On the basis of said production, it is stated that there is necessity of installing one more Atta Chakki in the area.