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M/S Krishna Chawal Udyog Thru' Its Partner K.C. Agarwal v. State Of U.P. And Others - WRIT - C No. 61649 of 2006  RD-AH 19275 (15 November 2006)
Hon'ble A.K. Yog,J.
Sri N.Misra, learned counsel appearing on behalf of respondents no. 5 and 6, and the learned Standing Counsel appearing on behalf of respondents no. 1 to 4 and 7 pray for and are allowed four weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List the petition for admission immediately thereafter.
The documents filed along with the writ petition indicate that rice in question ( 2090 Metric Tonnes common Arva and Grade A 308 Metric Tonne ) supplied by the petitioners after conducting relevant test and analysis, was found upto the mark and as per standard by the Commissioner Food & Civil Supplies, Government of U.P., Lucknow vide letter dated 21.9.2006 ( Annexure -5 to the writ petition ) but on the next date the same authority ordered the Regional Food Controller, Bareilly Region, Bareilly for return of the rice raising objections with regard to its quality vide letter dated 22.9.2006 ( Annexure -6 to the writ petition ) without mentioning specific ground for reconsideration/review of the matter as to how the same rice was not found upto the mark.
The petitioners are aggrieved against the direction given by the Regional Food Controller, Bareilly Region Bareilly in view of the direction of the Commissioner, Food & Civil Supplies, Government of U.P. Lucknow given vide aforesaid letter dated 22.9.2006 for replacement of the aforesaid quantity of rice by the mills/petitioners.
Since no specific deficiency or ground has been disclosed for review of the earlier position, we direct the respondents not to enforce the said directions contained in the letter dated 5.10.2006 ( Annexure no. 7 to the writ petition ) issued by the Regional Food Controller, Bareilly Region, Bareilly ( respondent no. 2 to the writ petition). It is , however, made clear that the authorities are free to pass suitable orders in the matter after giving opportunity of hearing to the petitioners in this matter.
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