Case Note & Summary
The case involved a writ petition filed by M/s. Kansal Rice Mills and others against the State of Punjab and others. The petitioners sought relief under the Punjab Rice Brand (Levy) Control Order, 1988. However, during the proceedings, the learned State counsel informed the court that the Punjab Rice Brand (Levy) Control Order, 1988, was no longer in existence. The counsel for the petitioners did not dispute this factual position. Consequently, the court found that the writ petition had been rendered infructuous due to the absence of the controlling order. The court dismissed the petition on these grounds, concluding that without the controlling order, there was no basis for the petition to proceed. The decision was delivered by Hon'ble Mr. Justice Rajan Gupta on March 16, 2010.
Headnote
A) Writ Jurisdiction - Infructuous Petitions - Dismissal of Writ Petition - Punjab Rice Brand (Levy) Control Order, 1988 - The petition was rendered infructuous due to the non-existence of the controlling order, which was not disputed by the petitioners' counsel. The court dismissed the writ petition accordingly. Held that the absence of the controlling order negated the basis for the petition (Paras Not mentioned).
Issue of Consideration
Whether the writ petition is maintainable given the non-existence of the controlling order.
Final Decision
The writ petition was dismissed as having been rendered infructuous due to the non-existence of the Punjab Rice Brand (Levy) Control Order, 1988.
Law Points
- Writ jurisdiction
- Infructuous petitions
- Control orders
