JANAK KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been filed by the petitioner as public interest litigation, wherein prayer has been made for quashing the supply orders dated 29.6.2009 issued by the Director of Agriculture, Department of Agriculture & Sugarcane Development, Government of Jharkhand for purchase Kharif Seeds for the year 2009-10 amounting to Rs.2.50 crores for distribution amongst the farmers of the Jharkhand State at subsidized rate. A further prayer has been made for issuance of direction upon the concerned respondent to make purchase of right quality of seeds at right price by following proper rules and regulations i.e. by inviting tender. It is stated that in the matter of purchase of seeds respondents have violated the rules and regulations.

(2.) Petitioner was heard at length and, thereafter, the respondents were called upon to file counter-affidavit. In the counter-affidavit, it has been categorically stated that the Government decided to distribute seeds because of draught situation. It is stated that the Directors of different Krishi Vigyan Kendra like Gumla, Ranchi, Hazaribagh, Godda, Patna(Bihar) and Chhatisgarh(M.P.) were requested for furnishing information relating to availability and rates of said seeds but few of them respondent. It is stated that since few crop variety certified seeds were not available, the Committee under the Chairperson of Secretary Agriculture as per GOI letter no. 2009/ SD.VI, dated 24.7.2009 decided to procure T/L seed of the said crop variety. It is further stated that since N.S.C.,S.F.C.I. & N.A.F.E.D are the designated central nodal agency for seed distribution and they are under the administrative control of Ministry of Agriculture, GOI and they are distributing the seeds under various programmes of Ministry of Agriculture, GOI, they were given orders for supply of seeds as per Govt. Order dated 3/Krishi RajyaYojana-01/2009-10 14, dated 20.8.2009.

(3.) The matter was heard on different dates and additional affidavit was filed by the respondents to justify the purchase of seeds.