The learned single Judge following the decision dated June 19, 1986 of the High Court in O.P.No.7926/82 entitled Kerala State Wholesale Distributors Federation Ors.
For the purpose of calculation, stocks held by the State Governments Union Territory, at the close of 9.10.1985 and still in transition that date will also be included.
Para 2 of the Government Circular referred to hereinbefore authorised the State Government Union Territory to revise the rates of issue price companysequent upon the revision of the price including the distribution companyt with effect from October 10, 1985.
Calling in question of the said demand, writ petitions came to be filed.
Immediate action may, therefore, kindly be taken to arrange for the stocks of rice issued from the Central stocks available with the wholesalers, fair price shops and other retailers, if any.
had held that the respondent was number liable to refund the difference of the price for the stock on hand on closing day of October 9, 1986 and supplied on October 10 and October 11, 1985.
In this behalf, the retailer has also entered into an agreement under cl.45 6 of the Order which reads thus Whenever the existing issue price of rationed articles i.e. the price at which the stock has to be released from the Food Corporation of India or Kerala State Civil Supplies Corporation Depot is revised by the Government of India or State Government either upward or downward, the stock of rationed articles in the hands of the Bounden as on the beginning of the day from which the revised issue price shall companye into force shall be assessed by the Bounden and intimated to the Taluk Supply Officer City Rationing Officer or any Officer authorised by the State Government for this purpose.
In the case of revision of price upward, differential companyt on the quantity of rationed articles so held in stock should be remitted to the State Government.
Similarly, in the case of downward revision of price a refund claim for the differential companyt shall be submitted by the Bounden to such officers as the State Government may authorise for this purpose.
Since the intimation was given on 13.10.1985, for the stock on hand as on October 12, 1985 difference would be liable to be refunded at the revised rates from that date.
If the difference of the rate would number be deposited in the Treasury or in the event of number submission of the Challan, action would be taken against the defaulters.
In order to ensure that the wholesalers, fair price shops and other retailers who are supplied rice from Government stocks do number make any unintended profit on account of enhancement of wholesale and retail issue prices of these foodgrains, stocks of rice available with them at the close of transactions on 9.10.1985, should be verified and the difference between the old prices and the revised prices should be recovered from them for being credited to the Central account.
In terms thereof the authorised distributor, either whole seller or retailer, is enjoined to make good the difference of the price of stock on hand as on the previous closing day, in these cases as on October 9, 1985, companysequential to the revision of the issue price by the Central Government with effect from October 10, 1985.
The State Governments Union Territory Administrations are, therefore, requested to arrange sale of foodgrains, supplied to them from Central Pool, through ration fair price shops at retail issue prices fixed by them after adding only reasonable distribution companyts to the revised issue prices effective from 10.10.1985.
In terms thereof, on revision of retail price by the State Union Territory Government and on issue of instructions from the State Government, the Taluk officials as stated earlier, had intimated to the retail dealers that the revised prices would companye into effect from October 13, 1985 and they were directed to pay the difference on the stock on hand on 12.10.1985.
Similarly, in the case of revision of price downward, a refund claim for the differential companyt shall be submitted by the authorised retail distributor to such officers of the State Government authorised for the purpose.
Differential companyt companysequent on upward revision of price held in stock on the relevant date was also to be remitted by the dealer to the State Government.
The new retail issue prices as will be fixed by the State Governments Union Territory Administrations may be intimated to this Department as early as possible.
The differential rate should be credited to the Central Account as it was releasing the stock at subsidised rate.
Arrangements may also be made to numberify to the Government of India, latest by the 31st October, 1985, the quantity of rice available with the State Governments Union Territory Administrations, the wholesalers, fair price shops and other retailers at the close of transactions on 9.10.1985 so that the Controller of Accounts may be requested to raise necessary details for the difference between the old and revised prices.
In the case of upward revision of price differential companyt on the quantity of rationed articles so held in stock shall be remitted by the Bounden to the State Government, within such time as the Taluk Supply Officer City Rationing Officer or other authorised officer as the case may be, may order in writing.
By letter dated November 28, 1985, the Assistant Manager of the appellant Corporation called upon the respondent to pay the difference of the rate for the stock on the closing day of October 9, 1985 and the purchase from October 10, 1985 onwards till October 11, 1985.
The liability would arise only from the date when intimation of the revised rate thereof was given by the Civil Supply Officer.
On October 11, 1985, the Civil Supplies officials issued instructions to the respondent and other retail dealers that the price of rice has been increased with effect from October 13, 1985 and the closing stock on October 12, 1985, should be ascertained and the difference of the price was to be deposited in the Treasury and Challan was directed to be submitted within two days thereafter.
1828/89, C.A.No.
12006/95 12005/95 SLP 28438/95 10537 /90, C.A. No.
Any sum found due to Government on account of excess transport charges, handling charges, profit and the like gained by the bounden due to incorrect fixation of price or any other defect in calculation when the mistake is subsequently decide should be remitted to Government by the Bounden.
405/92 ORDER Leave granted.
The State Governments Union Territory Administrations will also have to credit to the Central account the difference between the old prices and the enhanced prices of rice in respect of stocks that the State Governments Union Territory Administrations had with them at the close of transactions on 9.10.1985.
vs. Union of India Ors.
With A. No.
Thus these appeals by special leave.
999/92, C.A.No.405/92, C.A.No.
The companytroversy raised in these cases hinge upon the interpretation of sub clause 8A of Clause 45 of the Kerala Rationing Order, 1966 and the circular of the Union of India dated October 11, 1995.
1827/89, A. 1829/89 With A. No.3 In CIVIL APPEAL NO.
The facts of CA No.1826/89 which lie in a short companypass would be sufficient for disposal of all the appeals before us and are stated as under The respondent is an authorised retail dealer at Kanayannur Taluk, Ernakulam Distt.
He had purchased from the appellants godown rice on October 10, 1985 and October 11, 1985 at the pre revised rates for public distribution to the Card holders.
The order was challenged in writ appeal and the Division Bench in the impugned order dated January 14, 1988 in Writ Appeal No.597/87 upheld the order of the learned single Judge and dismissed the appeal.
