B.K. Sharma, J.@mdashThe prayer made in both the writ petitions is for a direction to the respondents to allot PDS wheat to the Modern Chakki
Mills on the basis of the prevalent practice as was existing prior to 1999. The writ petitions have been heard together and are being disposed of by
this common judgment and order.
2. While the first writ petition being W.P. (C) 4000/2004 has been filed by registered Association, namely All Assam Modern Chakki Mills
Association representing its members, the second writ petition being W.P. (C) No. 4782/2004 has been filed by an individual who is the owner of
the Atta Chakki Mill in the name and style of M/s. Shree Khatawat Oil Mill.
3. The facts leading to filling of the instant writ petition are as follows:
4. The Modern Atta Chakki Mill used to receive 90 per cent of the total allotted quantity of PDS wheat, while the remaining 10 per cent was
allotted to Roller Flour Mills. Such a practice was prevalent till 1999. Pursuant to the policy decision of the Govt. of India under PDS scheme,
whole wheat and not atta was distributed to the consumers. With the introduction of such a system the earlier practice of allotment of whole wheat
both to the Modern Atta Chakki Mills and Roller flour Mills was stopped.
5. The aforesaid system of distribution of whole wheat to the consumers did not bring the desired result and the scheme became unsuccessful. In
such a situation the Govt. reverted back to the old system of distributing atta to the consumers in 2001. However, unlike earlier prevalent system of
allotting PDS wheat to the Modem Chakki Mills, the entire quantity of PDS wheat was allotted to Roller Flour Mills. In this connection, the
petitioners have annexed Annexure-E order dated 31.05.01 by which it was only Roller Flour Mills which were allotted with the whole wheat.
6. The petitioners have referred to Annexure-F Office Memorandum introducing the new policy for setting up a Chakki Mills for milling of PDS
wheat. According to the petitioners pursuant to the said Office memorandum as well as upon receipt of instruction from the Govt., Modern Chakki
Mills have been upgraded/modernized as it was made condition precedent by the Govt. that unless the mills were not modernized/upgraded, the
allotment of PDS wheat would be stopped.
7. It is the grievance of the petitioners that in spite of revival of the earlier system of distribution of PDS wheat, they have not been allotted the
quota of PDS wheat for grinding. This has compelled the petitioners to procure wheat from the open market at a rate which far higher than that of
PDS wheat. It is the further grievance of the petitioners that although the Modern Chakki Mills have not been allotted with the quantity of PDS
wheat, but the Roller Flour Mills have been favoured with uninterrupted quota of supply of wheat at subsidized rate. The petitioners made time to
time representations before the authorities, but the same failed to evoke any response.
8. Referring to Annexure-G communication dated 4.1.02 issued by the Secretary to the Govt. of Assam, Food and Civil Supplies Department to
the Director of Food and Civil Supplies, the petitioners have contended that by the said communication although a direction was issued not to allot
wheat to the Modern Chakki Mills, but no reasons for such denial were assigned. According to the petitioners such attitude on the part of the State
Govt. in the concerned department is contrary to the Central Govt. guidelines. Referring to the purported CBI enquiry in respect of allotment of
PDS quota, it is the case of the petitioners that such CBI enquiry cannot be the ground to deprive the PDS wheat to the Modern Chakki Mills and
that the same also pertains to Roller Flour Mills.
9. It is in the aforesaid circumstances the petitioners has involved the writ jurisdiction of this Court for the aforesaid direction. The petitioners in
W.P. (C) No. 4000/2004 have filed an affidavit on 2.3.05 bringing it on record that the respondents have in the meantime started allotment of
wheat to Modern Atta Chakki Mills in some of the Districts. However, such allotment, according to the petitioner is insignificant. In the additional
affidavit filed by the petitioners on 24.11.05, they have referred to the orders of this Court. passed in earlier writ proceeding pertaining to the
decision of the State Govt. to distribute whole wheat and not atta to the consumers. The petitioners have also referred to certain intra departmental
communications in support of their claim for allotment of PDS wheat to the Modern Chakki Mills.
10. In the affidavit in opposition filed by the respondent No. 3 an allegation has been made against the Modern Chakki Mills owners. According to
the respondent No. 3, confidential report has been received by the department that the Modern Chakki Mills failed to participate adequately in fair
distribution of wheat which led to CBI enquiry. According to the said respondent most of the Modem Chakki Mills failed to lift the allotted quota
of wheat at the refixed price. In paragraph 21 of the affidavit, it has been stated that the Govt. is ready to consider the allotment of PDS wheat to
Modern Chakki Mills as and when reports are received from the jurisdictional Deputy Commissioner/Sub-Divisional Officer. In paragraph 28, it
has been stated that allotment of wheat to Modern Chakki Mills has already been started since November, 2004 through District/Sub-Divisional
authorities.
11. The petitioners in W.P. (C) No. 4000/04 has filed an affidavit in reply to the affidavit in opposition filed by the respondent No. 3. In the reply
affidavit, it has been pointed out that the related CBI enquiry not only concerns to the Modern Chakki Mills, but it concerns to all the Roller Flour
Mills and Chakki Mills in Assam. In this connection, they have referred to Annexure-14 letter dated 19.11.01 issued by the Additional Deputy
Commissioner, Cachar who is in charge of Food and Civil Supplies, Silchar. It has been contended by the petitioners that merely because the CBI
enquiry is pending, the authorities cannot deprive the Modern Chakki Mills from getting the fair quota of wheat. They have contended that since
the license in respect of the Modern Chakki Mills have been renewed regularly, a purported CBI enquiry cannot be deprived of the PDS wheat.
The petitioners have also denied the allegation of not lifting the PDS quota. According to them the allotment was made only to Roller Flour Mills
and not to the Chakki Mills.
12. I have heard Mr. P.C. Barpujari, learned Counsel for the petitioners in W.P. (C) No. 4000/2004 as well as Mr. P. Sharma, learned Counsel
in W.P. (C) No. 4782/2004. I have also heard Ms. R. Chakraborty, learned State counsel representing the respondents.
13. There is no dispute that the Modern Chakki Mills were allotted with PDS wheat to the tune of 90 per cent of the total quantity prior to
introduction of new scheme in 1999 about which a mention has been made above. Although the scheme did not work satisfactorily and the
respondents have reverted back to the old system, but it is the grievance of the petitioners that unlike the prevalent practice prior to 1999, the
respondents have totally done away with the system of allotment of PDS quota of wheat to the Modern Chakki Mills. It is on record that the
respondents have made allotment of the PDS wheat only to the Roller Flour Mills.
14. In the affidavit filed by the petitioners on 2.3.05, it has been brought on record that in some of the Districts, the Modem Chakki Mills have
been allotted with PDS wheat. But on perusal of documents what has transpired, is that the wheat allotted is minimal. As regards the plea of the
respondents that CBI enquiry was pending against Modern Chakki Mills, I am of the considered opinion that a pending enquiry cannot be a
ground to deprive the Modern Chakki Mills from getting fair quantity of PDS wheat. It is on record that such enquiry is also pending against Roller
Flour Mills. On the other hand, departmental authorities have also renewed licenses of the Modem Chakki Mills. Thus, unless licenses are
suspended and/or cancelled, the Modem Chakki Mills are entitled to fair consideration for allotment of PDS wheat. If the Roller Flour Mills can be
given fair quantity of PDS wheat, the principle of fair distribution in the Govt. department demands that the Modem Chakki Mills shall also be
considered for fair allotment of PDS wheat.
15. In the counter affidavit filed by the respondent No. 3, it has been stated that Govt. is prepared to consider the case of the Modern Chakki
Mills in the event of receipt of report from the jurisdictional Deputy Commissioner/Sub-Divisional Officer. It has also been stated that allotment of
wheat to Modern Chakki Mills have already been started since November, 2004 through Deputy Commissioner/S.D.O. However, the grievance
of the petitioners is that the quantity of PDS wheat allotted to Modem Chakki Mills is insignificant and does not help in survival of the Modem
Chakki Mills. I have gone through the allotment orders and what has transpired is that although Modem Chakki Mills have been allotted with PDS
wheat in some of the Districts, but the same is negligible.
16. As regards the plea of the respondents that the Govt. is prepared to consider the case of the Modem Chakki Mills upon receipt of the reports
from the jurisdictional Deputy Commissioner/S.D.O., suffices it to say that appropriate devices will have to be adopted by the authorities so that
the Modem Chakki Mills are not deprived of the PDS allotment of wheat. The Govt. in the Food and Civil Supplies department will have to adopt
a fair policy of distribution of PDS wheat so that the Modem Chakki Mills shall also get the fair quantity of PDS wheat. From the materials on
record what has transpired is that inspite of revival of the earlier scheme, the prevalent practice being followed upto 1999 has not been revived. It
is true that it is for the authority to decide as to what should be the quantity of PDS wheat to be allotted to the Modern Chakki Mills. But at the
same time, the decision of the Govt. cannot be arbitrary and/or irrational. It will have to be rational, reasonable and on the principle of transperancy
and fair play. In the matter of public distribution system, it is always desirable that a transparent policy is adopted and no group should feel that it
has been deprived of the fair consideration.
17. Considering the matter in its entirety, I am of the considered opinion that the petitioners have been able to make out a case requiring
interference of this Court. Accordingly, the writ petitions are disposed of with a direction to the respondents to review the present system and then
to take a decision so that the Modern Chakki Mills are not discriminated in the matter of allotment of PDS wheat and they are also provided with
fair quantity of PDS wheat at par with Roller Flour Mills. The respondents will also be entitled to impose such conditions as may be necessary
towards allotment of PDS wheat to the Modern Chakki Mills.
The follow up action which is now required to be taken by the respondents, shall be so carried out as expeditiously as possible preferably within
three months from today.
18. With the above directions, both the writ petitions are disposed of. There shall be no order as to costs.