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2014 DIGILAW 305 (UTT)

RAVI SHANKAR JOSHI v. STATE OF UTTARAKHAND

2014-08-13

K.M.JOSEPH, V.K.BIST

body2014
JUDGMENT K.M. Joseph, C.J. (Oral) This is a writ petition filed as a Public Interest Litigation. The substance of the complaint of the petitioner, who is himself an agriculturist, is that there is a lot of exploitation of the agriculturists by the “Arhatiya” community. There is a specific complaint lodged, which is as follows:- “6. That it is submitted that whenever the agricultural produce is sold in the Mandi, there are two forms to be issued by the ‘Arhatiya”/Mandi Samiti under the Krishi Utpadan Mandi Niyamavali, 1965, the first one being Form VI, issued under Rule 76(14) {commonly known as ‘6-R’} and the second one being Form IX, issued under Rule 76(12) {commonly known as ‘9-R”}. It is submitted that the Form ‘6-R’, also known as the seller’s voucher, ought to be issued in triplicate by the ‘Arhatiya’, has one copy each for the seller (the farmer), the ‘Arhatiya’ and the respondent no.3 (the Mandi Samiti). It is submitted that Form ‘6-R’ contains the information of the date of sale, the name of the mandi yard, the name of the ‘Arhatiya’, the name and complete address of the seller (the farmer) and the name and complete address of the purchaser. It is submitted that the columns in the Form ‘6-R’ should contain the details of the name of the agricultural produce, variety/breed, weight/measure, rates, total price, net amount paid to the seller, mandi fees, development cess and the total amount in rupees and paises. 7. That it is submitted that the Form ‘9-R’, also known as the “Arhatiya’/wholesale trader bill, is ought to be issued by the ‘Arhatiya’ to the purchaser in four copies. It is submitted that four copies are for the ‘Arhatiya’, the Mandi samiti where the agricultural produce is destined towards, the local Mandi samiti and the purchaser, respectively. It is submitted that the columns of the Form ‘9-R’ also contain the details of the agricultural produce and the amount involved.” 2. It is submitted that the petitioner never seen any of the said Forms as they had never been issued to him or the other farmers in the area. It is submitted that the columns of the Form ‘9-R’ also contain the details of the agricultural produce and the amount involved.” 2. It is submitted that the petitioner never seen any of the said Forms as they had never been issued to him or the other farmers in the area. It is the further case of the petitioner that as part of the trade practice, hand written receipts containing no information or details as required in ‘Form-6’ alone are being made available; calculation made by the ‘Arhatiyas’ are unclear; the ‘Arhatiyas’ make deductions of 8 per cent commission and freight rate from the total price, though no deduction is allowed according to the learned counsel for the petitioner. It is stated that the farmers are only liable to pay a sum of `1.50 per quintal of agricultural produce. The manner, in which the other charges are to be paid by the purchasers, is stated in Para-11 of the memo of petition, which is as under:- “1. Commission (@1.5% for cereals and 3% for fruits/vegetables) 2. Brokerage @ 0.5% 3. Weighing 50 paise per quintal 4. Palledari One rupee per quintal” 3. It is also stated that there is another malpractice, which is that they underweigh the agricultural produce of the farmers citing arbitrary reasons. There is reference made to the U.P. Weights and Measures (Enforcement) Act, 1959 and the respondents/Authorities are duty bound to check and verify the same under the provisions of the Krishi Utpadan Mandi Act, 1964. Petitioner submitted representation (Annexure-4 to the writ petition) and is before us seeking the following reliefs:- (i) To issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 & 3 to immediately check the illegal trade practice being done by the ‘Arhatiyas’ in the premises of the respondent no.3, which is against the interests of the agriculturists/producers, as also causing loss to the revenues of the respondent authorities; (ii) To issue a writ, order or direction in the nature of mandamus, commanding the respondent nos. 2 & 3 to immediately check the illegal trade practice being done by the ‘Arhatiyas’ in the premises of the respondent no.3, which is against the interests of the agriculturists/producers, as also causing loss to the revenues of the respondent authorities; (ii) To issue a writ, order or direction in the nature of mandamus, commanding the respondent nos. 2 and 3 to immediately take measures to strictly apply the provisions of the Krishi Utpadan Mandi Act, 1964, for supervision and control of the transactions in the mandi in protection of the interests of the agriculturists/farmers/producers; (iii) To issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 & 3 to immediately take steps to check and verify the weights, measures, weighing and measuring instruments of the ‘Arhatiyas’ under the provisions of the U.P. Weights and Measures (Enforcement) Act, 1959, as also to make use of the weigh-bridges installed at Government expenses; 4. This Court passed an order, which is dated 29.04.2014, which reads as follows :- “A counter affidavit has been filed on behalf of the Mandi Samiti. In that counter affidavit, it has been stated that Arhatiyas are not entitled to accept any commission from the farmers. They are entitled only to the prescribed remuneration. With the Annexure to the writ petition, the petitioner has annexed documents, which suggest that Arhatiyas are collecting more than what they are entitled to from the gullible farmers. The names of Arhatiyas, who are said to have colleted more than their entitlement, as evidenced by the documents relied by the petitioner, have not been mentioned in those documents. Learned counsel for the Mandi Samiti has submitted that it has come to the knowledge of the Mandi Samiti that some of these Arhatiyas have collected more than their entitlement from the farmers and no sooner evidence thereof was received by the Mandi Samiti, actions were taken against Arhatiyas by suspending their licence for some period and by imposing penalty. Therefore, it is now an admitted position that there are certain unscrupulous Arhatiyas, who are defrauding gullible farmers and are charging more than what they are entitled to. The Mandi Samiti, in its counter affidavit, has not come up with any foolproof plan, by which such activity on the part of some of Arhatiyas can be controlled. Therefore, it is now an admitted position that there are certain unscrupulous Arhatiyas, who are defrauding gullible farmers and are charging more than what they are entitled to. The Mandi Samiti, in its counter affidavit, has not come up with any foolproof plan, by which such activity on the part of some of Arhatiyas can be controlled. We direct the highest body of the Mandi Samiti to sit in a meeting to be convened exclusively for the purpose of finding out a foolproof method of totally eradicating this illegal activity on the part of the Arhatiyas and to report back to this Court. In the meeting to be conducted, no Arhatiya and no member of the Mandi Samiti, having any connection with any Arhatiya, shall be invited. List eight weeks hence. In the meantime, meeting shall be held and report shall be submitted to this Court.” 5. Pursuant thereto, a compliance affidavit has been filed on behalf of respondent Nos. 1 & 2. It is stated, inter alia, that the Mandi Samiti is making every endeavor that no illegal deductions are made and there is also a reference to the steps taken pursuant to the order passed by this Court. In the compliance affidavit and also in the counter affidavit, the following decisions seem to have been taken to ensure the maximum benefit to the producers :- “5 (i) That the agricultural produce shall be sold only by open auction and the traders shall issue proper receipt in Form No.6 and Form no.9 to the producers. (ii) That to avoid any illegal deductions by the license holders from the producers at the time of sale of their agricultural produce the Mandi Samiti has displayed fifty flexy in Mandy yard mentioning the admissible of employees of Mandi Samiti has also been mentioned to whom complaints can be lodged in case of infringement of rules and instructions. (iii) That to enlighten the producers about admissible deductions at the time of the sale of any agricultural produce the producers and general public is also being informed by loud speakers in the morning when the agricultural produce is sold by auction. (iv) That the various welfare schemes launched by the Mandi Samiti for the welfare of the producers are also being announced in the Mandi yard. (iv) That the various welfare schemes launched by the Mandi Samiti for the welfare of the producers are also being announced in the Mandi yard. 6 That for the information of producers and general public the rates of vegetables and potato is also being published in the local daily news papers. 7 That the Mandi Samiti Haldwani has also placed two complaint boxes, one in the Mandi Gate and another in the office of Mandi Samiti in which any person may drop his/her complaint. 8 That the Mandi Samiti has also taken steps that the traders issue proper auction slip to the producers at the time of the auction of their products. In this respect the true copy of a few auction slips is being filed and has been marked as Annexure 3 to this Compliance Affidavit. 9 That the Mandi Samiti is also doing the videography of the auction done under the supervision of the employees of Mandi Samiti. 10 That the deponent as Secretary of the Mandi Samiti undertakes that in case any complaint is received any trader or employee of Mandi Samiti suitable action shall be taken against him in accordance with law.” 6. Counter affidavit is also filed by the Arhatiya Association denying the allegations. 7. We have heard the learned counsel for the parties. 8. The learned counsel for the Mandi Samiti, respondent Nos. 2 & 3, would submit that they will take all possible steps. In particular, he submits that, if complaints are received for which complaint boxes will be put, action will be taken thereon. 9. We record the submissions as also the steps, which the Mandi Samiti has decided will be taken and they will form part of this judgment and we direct that they will be strictly enforced. It will also be open to the petitioner to specifically bring any violation of the law or of the steps, which have been promised to be taken, to the notice of respondent Nos. 2 & 3, who will immediately look into it and take strict action as per law as against any kind of violation. 10. There is a further complaint from the petitioner that there is delay in payment of the amount to the farmers. We direct respondent Nos. 2 & 3, who will immediately look into it and take strict action as per law as against any kind of violation. 10. There is a further complaint from the petitioner that there is delay in payment of the amount to the farmers. We direct respondent Nos. 2 & 3 to ensure that payments are made to the farmers strictly as per law and there will be no undue delay and, if there is any illegality in that regard, it is open to the petitioner to immediately bring it to the notice of respondent Nos. 2 & 3 and that will be looked into and action will be taken on the same as per law, so that the interest of the farmers are safeguarded. 11. The second respondent will see to it that the steps, which are being taken, will be implemented in all the Mandi Samitis all over the State. 12. The writ petition is, accordingly, disposed of.