LAHORE: The Lahore Excessive Courtroom (LHC) Wednesday struck down restriction imposed by the Punjab Meals division on provide of wheat from public inventory to new flour mills for grinding, declaring it as unconstitutional.
The courtroom struck down Clause 7, which prohibits provide of wheat from public inventory to new flour mills for grinding, of a notification dated Could 19, 2022, issued by the Meals Division secretary beneath Part 3 of the Punjab Foodstuffs (Management) Act, 1958.
As per a written judgment launched right here on Wednesday, Justice Abid Hussain Chattha handed the orders whereas permitting petitions filed by Rana Abdul Basit Khan and others, difficult the restriction on provide of wheat from public inventory to new flour mills for grinding.
The petitioner’s counsel argued earlier than the courtroom that the petitioners established flour mills after getting no objection certificates from the departments involved and authorities had issued Foodgrains Licenses to them beneath the Foodgrains (Licensing Management) Order, 1957 for the needs of buy, grinding, sale or storage of Foodgrains and manufacturing of worth added merchandise.
He submitted that the petitioners approached the Meals division for launch of wheat from public inventory however their request was denied by citing Clause 7 of the notification, which prohibits provide of wheat from public inventory to new flour mills for grinding.
He submitted that the clause 7 of the notification was past powers conferred beneath Part 3 of the Punjab Foodstuffs (Management) Act, 1958, including that the restriction was a violation of Articles 8, 18 and 25 of the Structure. He contended that the restriction imposed by the division was discriminatory and pleaded with the courtroom to put aside it.
Nevertheless, a counsel for the Meals division argued that newly established mills weren’t entitled to acquire wheat from the general public inventory as per Clause 7 of the notification, which regulates provide of wheat inventory to flour mills to make sure uninterrupted provide of wheat flour and to stabilize its worth available in the market.
He additionally submitted that formulation of coverage falls throughout the unique area of the Government, which doesn’t require any interference by the courtroom. He pleaded with the courtroom to dismiss the petitions.
After listening to detailed arguments of the events, the courtroom struck down the clause after declaring the identical as unconstitutional. The courtroom held that the restriction was unreasonable, arbitrary and capricious