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2003 DIGILAW 96 (GAU)

Tea Association of India v. State of Assam

2003-03-06

B.B.DEB

body2003
JUDGMENT B.B. Deb, J. 1. The petitioner is a registered society of tea planters and as such is very much involved in the development, growth and improvement of tea plantation and manufacturing of finished tea in Barak Valley within the State of Assam. As many as 62 member gardens have engaged themselves in different plantation and manufacturing of finished tea. In addition to payment of wages, residential amenities, health care, the tea planters are to provide ration commodities to the workmen in a subsidised rate. To meet up these contingencies, on being approached by the tea planters, the State Government in the department of Food & Civil Supplies used to allot rice, wheat etc. time to time from the quota meant for public distribution system. The petitioner had been allotted 406 mt. of wheat in the month of March, 97. The respondent Nos. 3 to 5 were supposed to supply the allotment, but they did not. As a result, the petitioner had to purchase the required quantum of wheat from open market and distributed the same amongst its workers. Subsequently, in April, 97 the respondent issued the allotment for that month only and the back-log for the month of March, 97 remained pending. The petitioner - Association made numerous correspondences for releasing the back-log of May, 97 but instead of having addressed the circumstances, the respondent Food Corporation of India issued a Fax message dated 5.6.1997 which is reproduced below :- No. S & S 2(5)/97/99 STP REFOURSAVINGRAM EVEN NO DATED 30/31.5.1997 EXTENDING VALIDITY OF DELIVERY PERIOD OF PDS QUOTA WHEAT FOR MAY 97 UPTO 15.6.1997 STP ZONE FCI GUWAHATI VIDE FAX NO. S&S/NEZ/5/97 DATED 4.6.1997 INTIMATED THAT DELIVERY OF BACK LOG QUOTA WHEAT UPTO MAY 97 NEED NOT BE EXTENDED STP COPY WITH PCC STP HENCE REQUEST TREAT OUR AFORESAID SAVINGRAM AS WITHDRAWN AND CANCELLED REPEAT WITHDRAWN AND CANCELLED STP QUANTITY OF WHEAT STOCK IF ANY ISSUED MAY BE ADJUSTED AGAINST ABOVE POVERTY LINE QUOTAFOR JUNE 97 ON RECEIPT OF SUB ALLOCATION FROM THIS END STP THIS CONFIRMS OUR TELEPHONIC INSTRUCTIONS OF DATE STP REPORT COMPLIANCE. FOODCROPCHY" 2. Learned counsel for the petitioner having referred the aforequoted Fax message submits that the Food Corporation of India (FCI) has no competence to withhold the release of backlog quota of wheat in absence of any policy decision of the Government. Undoubtedly, the FCI is an instrumentality of the Union of India. FOODCROPCHY" 2. Learned counsel for the petitioner having referred the aforequoted Fax message submits that the Food Corporation of India (FCI) has no competence to withhold the release of backlog quota of wheat in absence of any policy decision of the Government. Undoubtedly, the FCI is an instrumentality of the Union of India. To provide foodgrains including wheat to the petitioner - Association for equitable distribution amongst the workmen at a subsidised rate, the Union of India took the policy decision to allot wheat in favour of the petitioner - Association from Public Distribution quota and as such, according to the learned counsel for the petitioner, the FCI authority having no competence issued the impugned Fax message withholding the-release of back-log quota. 3. From the counter affidavit, it appears that due to shortage of stock, the FCI authority could not provide the quantum of wheat as per requisition of the petitioner - Association. In paragraph 6 of the counter affidavit, it is, inter alia, contended that "the higher authorities and the Managing Director/Sr. Regional Manager/Zonal Manager are fully competent to grant extension as per the Government of India's instruction contained in letter No. 13-595-PR-III dated 15.2.1995". But, no such instruction has been produced at the time of hearing of the case. Once the system had been introduced to allot wheat in favour of the petitioner - Association out of Public Distribution System (PDS) quota that cannot be stopped or withheld in absence of any policy decision of the Union of India. Since no policy decision could be shown to have been taken by the Union of India, the system of allotting wheat from PDS quota for equitable distribution at a subsidised rate to the workmen working in the tea gardens of the petitioner - Association cannot be stopped. 4. In that view of the matter, I am constrained to hold that the impugned Fax message dated 5.6.1997 cannot be taken as a shield to defeat the legitimate right of the petitioner - Association to get the wheat allotted for the month of May, 1997 quota. 5. The writ petition is accordingly allowed. The FCI authority is directed to release the May, 1997 quota of wheat in favour of the petitioner - Association. Petition allowed