Nagpur: In response to the writ petition filed by food-grain supplier M/s Tirupati Sortex’s partner Deepak Vishnuprasad Agrawal from Deori in Gondia District challenging the impugned order of blacklisting the petitioner on the issue of quality of commodity supplied on June 13, 2023, Justice Atul Chandurkar and Justice Vrushali Joshi , at the High Court here have stayed the said order till the next date of the case, that is some time in three weeks.
The HC has also issued notice to the respondents — Union Consumer Affairs Secretary in the Department of Food and Public Distribution, New Delhi and others, to show cause in three weeks in reply to the petition. One of the contentions urged by the petitioner’s counsel was that in the Standard Operating Procedure (SOP) of October 14, 2021 prescribed by the respondent Union Govt., there is no reference to any remedy of appeal to be filed against the finding with regard to the quality of the food-grains.
Gold Rate
Tuesday 21 Jan. 2025
The petitioner’s counsel, submitted to the Court, that pursuant to the show cause notice of August 3, 2022, the petitioner had submitted his explanation and after that sample of food-grains was sent to the independent laboratory. Acting on that report it has been observed by the concerned respondent-Union Ministry that remedy of appeal before the Central Grain Analysis laboratory ought to have been availed of. On this aspect , it has been pointed out on behalf of the petitioner that there is no reference to existence of such appellate remedy in the SOP and appeal , if any, was required to be filed by the Collector. Hence the impugned order of blacklisting the petitioner is in violation of principles of natural justice.
The petition is directed to be heard along with 6 other similar petitions. Senior counsel R L Khapre with Advocate M R Johrapurkar appeared for the petitioner. Deputy Solicitor General of India N S Deshpande (Union Government) and AGP Amit Madiwale (State) represented the respondents.
