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HC defers implementation of allotment order
Serious allegations in allotment wheat to flour Mills
2/23/2007 10:59:48 PM
Jammu | Feb 23
First Puisne Judge, Justice NA Kakru of State High Court at Jammu, in a writ petition filed by Mahajan Flour Mills regarding allotment to wheat to the private flour mills, issued notice to State of Jammu through Commissioner/Secretary Consumer Affairs and Public Distribution and Director CAPD and other private respondents and deferred the implementation of the impugned order till next date of hearing, subject to the objections of other side.
Court further ordered that notice shall be made returnable within one week and the petitioner directed to serve the official respondents through the process serving agency of Principal District Judge of Jammu. They shall be served through registered and speed post. Other respondents shall also be served through registered and speed post mode. Steps for service shall be taken by the petitioners by tomorrow. In case petitioners failed to take steps for service within the period stipulated, the direction shall lose its force.
M/S Mahajan Roller Flour Mills and Others in their writ petition submitted that their unit is registered with the Directorate of Industries and Commerce as SSI unit for grinding the wheat so the petitioners are entitled to the benefit of industrial policies, which are issued from time to time. The petition filed through Advocate Yasser Ejaz Tak in which it has been further submitted that the J&K Government gets wheat from FCI and the said wheat is allotted to various mills by CAPD Department.
It was alleged in the petition that Director CAPD, Jammu, without inviting any tenders, has issued the order impugned on November 2, 2006 whereby contract of grinding of wheat has been allotted to the private flour mills by holding private negotiations. This has been done incomplete violation of the directions of the High Court passed in a writ petition of March 8, 2006. In the petition, the petitioner prayed before the court for quashing the order of Director CAPD Jammu of November 2, 2006 whereby the contract of grinding of wheat has been allotted to the private flour mills without inviting tenders by holding private negotiations and also seeking direction to the respondents to allot contract only after fair, transparent and equitable tendering process in which an opportunity is given to all eligible dealers to bid for containing such a contract.

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