Disposed

Shri Sita Rice Mill v. Union of India

Chhattisgarh HC17 Jun 2024WPC/4878/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a government notification banning the export of non-basmati white rice as violative of constitutional rights. The High Court of Chhattisgarh did not quash the ban but directed the Director General of Foreign Trade to decide the petitioner's pending representation within six weeks.

What did the court decide?

Direction to Director General of Foreign Trade to decide petitioner's representation on rice export within 6 weeks.

Shri Sita Rice Mill Vs Union of India — Company and Corporate | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 4878 of 2023

¶5

Shri Sita Rice Mill A Registered Partnership Firm Having Office At Behind District Court, Mill Para, Durg (Chhattisgarh). Through Its Partner Radheshyam Agrawal, S/o Late Shri Madanlal Agrawal, Aged About 73 Years, R/o Station Road, Gyatri Mandir Ward, Durg (Chhattisgarh)

¶6

---- Petitioner

¶7

Versus

¶8

Union Of India Through Director General Of Foreign Trade Directorate General Of Foreign Trade (Hq) Vanijya Bhawan, A Wing 16, Akbar Road, New Delhi 110011.

¶9

Agricultural And Processed Food Export Development Authority Through Chairman Apeda Headquarter 3rd Floor, Ncui Building 3, Siri Institutional Area, August Kranti Marg Opposite Asiad Village, New Delhi 110016.

¶10

Ministry Of Agriculture And Farmers Welfare Department Of Agriculture And Farmer Welfare Through Secretary Room No. 131, Krishi Bhawan New Delhi 110001.

¶11

---- Respondents

¶12

(Cause Title taken from Case Information System)

¶13

For Petitioner	: Mr. Ashish Surana, Advocate
For Respondent / Union of India	: Mr. Ramakant Mishra, Dy.Solicitor
	General of India

¶14

Hon'ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Sachin Singh Rajput, Judge

¶15

Order on Board

¶16

Per Ramesh Sinha, Chief Justice 18/06/2024

¶17

In this petition, the petitioner has sought for the following reliefs-

¶18

“10.1 That the Hon’ble Court may be pleased to issue a writ in the nature of certiorari, or any other appropriate order / direction directing the Union of India, Department of Commerce, Directorate General of Foreign Trade, New Delhi to produce the record which led to issuance of impugned

¶19

¶20

notification bearing notification No.20/2023 dated 20/07/2023 and upon perusal of such record, quash the notification No.20/2023 dated 20/07/2023 issued by the Government of India, Department of Commerce, Directorate General of Foreign Trade, New Delhi for being violative of Article 14 and 19 (1) (g) of the Constitution of India and in ultra vires the provisions of Constitution of India in as much as it puts a blanket and arbitrary prohibition on export of all kinds of “Non Basmati white rice bearing ITC HS code 10063090 including those rice varieties otherwise matching or even superior to basmati rice varieties in quality and price;

¶21

10.2 That pass appropriate orders / directions calling upon respondent No.2 i.e. Agricultural produce and Export Development Authority to produce the record, if any, which led to issuance of the impugned notification and quash the impugned notification dated 20/07/2023 being ultra vires to Constitution of India;

¶22

10.3 That pass appropriate order / directions calling upon respondent No.3 i.e. Ministry of Agriculture and Farmers Welfare, Government of India, to produce the record, if any, which was instrumental in issaunce of the impugned notification and quash the impugned notification date 20/07/2023 being ultra vires to Constitution of India ;

¶23

10.4 As an alternative to prayers (a), (b) and (c), upon perusal of record produced by the said respondents, read down the impugned notification bearing notification No.20/2023 dated 20/07/2023 issued by Government of India, Department of Commerce, Directorate General of Foreign Trade, New Delhi so as to permit the export of rice otherwise falling in ITC HS code 1006 30 90 on the basis of their minimum Export Price (MEP) or

¶24

¶25

any other reasonable criteria as may be determined by this Hon’ble Court;

¶26

10.5 That pass such other or further order or orders as this Hon’ble Court may deem fit in the facts and circumstance of the case.”

¶27

2. The facts in brief is that the petitioner herein i.e. Sita Rice Mill is a registered partnership firm and an MSME establishment with its office situated in Durg (CG.) and is involved in processing all kinds of non-basmati rice along with production of fortified rice kernel which are used in rice distributed in Public Distribution System (for short ‘PDS’). While the petitioner is engaged in selling some portion of its Rice domestically, it primarily deals in aeromatic nonbasmati rice which is exported to countries like UAE, Saudi Arabia and Qatar. Challenge in this petition is to the notification No.20/2023 dated 20/07/2023 issued by the Director General of Foreign Trade prohibiting the export of nonbasmati white rice.

¶28

3. Learned counsel for the petitioner submits that on 31/10/2007, Government of India banned export of basmati rice however, export of nonbasmati rice was allowed. On 27/03/2008, Government of India again revised the export policy banning export of basmati rice however exempting nonbasmati rice from the same. It is submitted that the respondent No.1 clubbed all the non-basmati varieties together which are materially different in quality and prices. It is further submitted that imposing ban on export of non-basmati rice would not lead to any shortage of rice in India as per the Annual Report of 2022 -23 of the Ministry of Agriculture. On 20/07/2023, the respondent No.1 issued the impugned notification. On 24/07/2023, the petitioner made representation to Hon’ble Union Minister for Commerce & Industry as well as the Hon’ble

¶29

¶30

Minister of Finance & Consumer Affairs (Annexure P/13 collectively). He further submits that the petitioner declares that he has no any other efficacious remedy available under the law except to approach this Court. Therefore, he submits that the impugned notification is violative of Article 14 of the Constitution of India.

¶31

4. Mr. Ramakant Mishra, learned Deputy Solicitor General submits that the representation of the petitioner will be decided within a prescribed time.

¶32

5. This Court has heard the counsel for the respective parties and gone through the documents which are part of the petition. 6. After issuance of notification dated 02/04/2024, the petitioner requested the respondents through email to allow export of Govindbhog rice and export of aromatic rice of value more than 1100 USD per metric tonne by bringing on record that the persons who are exporting ‘kalanamak’ have been permitted to export the same and one of the instance have been disclosed in Annexure AD/1. The petitioner has earlier made representation for redressal of his grievance projected in this writ petition. Therefore, in the fitness of things, it would be appropriate to direct respondent No.1 / DGA to decide the representation of the petitioner within a period of 6 weeks from today. The petitioner would be at liberty to challenge the impugned notification challenged in this petition and adverse decision if any, taken by the respondent No.1 / DGA on the representation of the petitioner.

¶33

7. The petition is accordingly finally disposed of.

¶34

Sd/Sd/-/- Sd/- (Sachin Singh Rajput) (Ramesh Sinha) Judge Chief Justice

¶35

(Sachin Singh Rajput)

¶36

Deepti

Shri Sita Rice Mill v. Union of India

Case brief

What is this about?

What did the court decide?

Shri Sita Rice Mill v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Banwari Lal Yadv Vs State of Chhattisgarh

Soman Nirmalkar and Ors. Vs State of Chhattisgarh

Smt. Neela Sahu Vs Mahesh Kumar Potai

Santosh Prasad Yadav Vs State of Chhattisgarh

Manish Kumar Agrawal Vs State of Chhattisgarh

Raja @ Raj @ Shailesh Vs State of Chhattisgarh