IN THE HIGH COURT OF PUNJAB AND HARYANA 203 M/s Saraswati Rice Mills Union of CORAM: Present:- NIDHI GUPTA J. (Oral) Articles 226/227 of the in the nature of Certiorari for quashing the letter dated 03.12.1998 (Annexure P Consumer Affairs and Public Distribution, whereby the driage allowance the Kharif Marketing Season 1996 rice milled up to 31.12.1996, and the consequential recovery notices issued by the State procurement agencies, on the grounds that the same are arbitrary, illegal, discriminatory and unsustainable in law. Further prayer is for issuance of a writ in the nature of Mandamus directing the respondents to grant 2% driage allowance on the Custom Milled Rice procured during the Kharif Marketing S CWP-8809-2002 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8809 of 2002 Date of decision : M/s Saraswati Rice Mills Versus Union of India and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA None for the petitioner. Mr. Manmeet Singh Teji, AAG Punjab. NIDHI GUPTA J. (Oral) Prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for quashing the letter dated 03.12.1998 (Annexure P-9) issued by the Government of India, Ministry of Food, Consumer Affairs and Public Distribution, whereby the driage allowance in respect of Custom Milled Rice (CMR) procured during the Kharif Marketing Season 1996-97 was reduced from 2% to 1% for rice milled up to 31.12.1996, and the consequential recovery notices issued by the State procurement agencies, on the grounds that the same are arbitrary, illegal, discriminatory and unsustainable in law. Further prayer is for issuance of a writ in the nature of Mandamus directing the respondents to grant 2% driage allowance on the Custom Milled Rice procured during the Kharif Marketing S 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 8809 of 2002 (O & M) Date of decision :-27.07.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Manmeet Singh Teji, AAG Punjab. Prayer in the present Civil Writ Petition filed under Constitution of India is for issuance of a writ in the nature of Certiorari for quashing the letter dated 03.12.1998 9) issued by the Government of India, Ministry of Food, Consumer Affairs and Public Distribution, whereby the driage in respect of Custom Milled Rice (CMR) procured during 97 was reduced from 2% to 1% for rice milled up to 31.12.1996, and the consequential recovery notices issued by the State procurement agencies, on the grounds that the same are arbitrary, illegal, discriminatory and unsustainable in law. Further prayer is for issuance of a writ in the nature of Mandamus directing the respondents to grant 2% driage allowance on the Custom Milled Rice procured during the Kharif Marketing Season 1996-97, VIJAY ASIJA 2026.07.30 12.30 I attest to the accuracy and integrity of this document along with all consequential benefits, and to restrain the respondents from effecting any recovery pursuant to the impugned letter. the attention of this Court to the short reply da behalf of respondent No.1 specifically averred that the issue involved in the present writ petition already stands concluded by a common judgment dated 29.11.2001 passed by this Court in matters. It has further been stated that, in compliance with the said judgment, the Government of India revised the final rates of Custom Milled Rice for the Kharif Marketing Season 1996 driage allowance fr 28.06.2002 (Annexure R letter dated 03.12.1998. follows :- CWP-8809-2002 (O & M) along with all consequential benefits, and to restrain the respondents from effecting any recovery pursuant to the impugned letter. At the very outset, learned counsel for the State invites the attention of this Court to the short reply da behalf of respondent No.1-Union of India, wherein it has been specifically averred that the issue involved in the present writ petition already stands concluded by a common judgment dated 29.11.2001 passed by this Court in CWP No.833 of 2001 and other connected . It has further been stated that, in compliance with the said judgment, the Government of India revised the final rates of Custom Milled Rice for the Kharif Marketing Season 1996 driage allowance from 1% to 2% 28.06.2002 (Annexure R-1/1), thereby superseding the impugned letter dated 03.12.1998. Para 2 of the said short reply dated 30.5.2013 reads as - “2. That it may be respectfully submitted here that identical cases as the present one were filed before this Hon'ble Court. The said writ petitions including C.W.P. No.833 of 2001 on the same issue as involved in the present writ petition were allowed by this Hon'ble Court by a common judgment dated 29.11.2001 in favour of the petitioners therein. It is thereafter that the judgment of this Hon'ble Court in those cases was implemented in consultation with the Ministry of Law and driage from October, 1996 to Dec 1996 has been enhanced from 1% to 2%. The 2 along with all consequential benefits, and to restrain the respondents from effecting any recovery pursuant to the impugned letter. At the very outset, learned counsel for the State invites the attention of this Court to the short reply dated 30.05.2013 filed on Union of India, wherein it has been specifically averred that the issue involved in the present writ petition already stands concluded by a common judgment dated 29.11.2001 3 of 2001 and other connected . It has further been stated that, in compliance with the said judgment, the Government of India revised the final rates of Custom Milled Rice for the Kharif Marketing Season 1996-97 and restored the vide communication dated 1/1), thereby superseding the impugned Para 2 of the said short reply dated 30.5.2013 reads as That it may be respectfully submitted here that identical cases as the present one were filed before this Hon'ble Court. The said writ petitions including C.W.P. No.833 of 2001 on the same issue as involved in the present writ petition were Hon'ble Court by a common judgment dated 29.11.2001 in favour of the petitioners therein. It is thereafter that the judgment of this Hon'ble Court in those cases was implemented in consultation with the Ministry of Law and driage from October, 1996 to December, 1996 has been enhanced from 1% to 2%. The VIJAY ASIJA 2026.07.30 12.30 I attest to the accuracy and integrity of this document counsel for the State submits that the relief sought by the petitioner already stands granted and, therefore, the present writ petition has been rendered infructuous. counsel for the petitioner was duly inf However, none has appeared on behalf of the petitioner. State and the stand taken in the reply filed on behalf of respondent CWP-8809-2002 (O & M) necessary instructions were issued to the FCI vide letter dated 11.4.2002. The final rate of Custom Milled Rice (CMR) for Kharif Marketing Season 1996-1997 in respect of Punjab, which is the subject matter of present writ petition was revised in pursuance of decision of this Hon'ble Court thereby raising the driage from 1% to 2%. A copy. of the decision dated 28.6.2002 indicating the aforesaid factual position is being appended to the instant reply as Annexur impugned letter dated 3.12.1998 has since been superceded vide letter dated 28.6.2002, whereby the prayer of the millers including the petitioner has been allowed. In view of the aforesaid facts the present writ petition has been ren infructuous as the claim sought for by the petitioner has since been granted by the respondents in view of the judgment of this Hon'ble Court dated 29.11.2001 rendered in C.W.P. No.833 of 2001.” On the strength of the aforesaid averments, learned unsel for the State submits that the relief sought by the petitioner already stands granted and, therefore, the present writ petition has been rendered infructuous. As per the office report dated 22.07.2026, learned counsel for the petitioner was duly informed about the date of hearing. However, none has appeared on behalf of the petitioner. In view of the statement made by learned counsel for the State and the stand taken in the reply filed on behalf of respondent 3 necessary instructions were issued to the FCI vide letter dated 11.4.2002. The final rate of Custom Milled Rice (CMR) for Kharif Marketing Season 1997 in respect of Punjab, which is the f present writ petition was revised in pursuance of decision of this Hon'ble Court thereby raising the driage from 1% to 2%. A copy. of the decision dated 28.6.2002 indicating the aforesaid factual position is being appended to the instant reply as Annexure R-1/1. In effect the impugned letter dated 3.12.1998 has since been superceded vide letter dated 28.6.2002, whereby the prayer of the millers including the petitioner has been allowed. In view of the aforesaid facts the present writ petition has been rendered infructuous as the claim sought for by the petitioner has since been granted by the respondents in view of the judgment of this Hon'ble Court dated 29.11.2001 rendered in C.W.P. No.833 of 2001.” On the strength of the aforesaid averments, learned unsel for the State submits that the relief sought by the petitioner already stands granted and, therefore, the present writ petition has As per the office report dated 22.07.2026, learned ormed about the date of hearing. However, none has appeared on behalf of the petitioner. In view of the statement made by learned counsel for the State and the stand taken in the reply filed on behalf of respondent VIJAY ASIJA 2026.07.30 12.30 I attest to the accuracy and integrity of this document No.1, the present writ petition is infructuous. subsists in favour of the petitioner, liberty is granted to the petitioner to seek revival of the present writ petition by moving an appropriate application within a period of of. address mentioned in the Memo of Parties. July 27, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-8809-2002 (O & M) No.1, the present writ petition is disposed of infructuous. However, in the event any surviving cause of action still subsists in favour of the petitioner, liberty is granted to the petitioner to seek revival of the present writ petition by moving an appropriate ion within a period of four weeks Ordered accordingly. Pending application(s), if any, shall also stand disposed A copy of this order be sent to the petitioner at the address mentioned in the Memo of Parties. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 sed of as having been rendered However, in the event any surviving cause of action still subsists in favour of the petitioner, liberty is granted to the petitioner to seek revival of the present writ petition by moving an appropriate from today. Pending application(s), if any, shall also stand disposed A copy of this order be sent to the petitioner at the address mentioned in the Memo of Parties. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.30 12.30 I attest to the accuracy and integrity of this document