AL-KHALID FLOUR MILLS vs GOVERNMENT OF PUNJAB S — 2024 MLD 203 LAHORE-HIGH-COURT-LAHORE

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AL-KHALID FLOUR MILLS VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Art. 18---Wheat release milling policy 2022-2023 dated 19.09.2022---Standing Operating Procedure dated 21.09.2022 issued by Director Food Punjab, Clause VI---Petitioner being flour mill invoked constitutional jurisdiction of the High Court challenging Clause-VI of the SOP on the ground that said clause patently contradicted the Wheat release milling policy 2022-2023 dated 19.09.2022 ('the Policy')---Contention of the respondents was that though no restriction on private grinding had been imposed upon the flour mills, yet it was bound to submit monthly grinding schedule to the District Food Control for issuance of subsidized wheat quota under the Policy, which the petitioner/mill had failed to provide---Validity---Clauses of the SOP revealed that the flour mills grinding private wheat for the Army, were bound to submit monthly grinding schedule to the concerned District Food Controller duly approved by the Ministry of Defence for the issuance of subsidized wheat quota from the Government of Punjab under the SOP---Petitioner/Mill despite complying with the SOP for getting subsidized wheat quota was reluctant to provide the grinding schedule merely stating that the respondents were not issuing the wheat quota which infringed its fundamental rights of trade and business under Art. 18 of the Constitution---Though Art. 18 of the Constitution promoted the rights of trade/business of every citizen to carry out lawful trade but said rights were subject to certain qualifications as prescribed by the law and the law in the present case was the SOP issued in pursuance of the Notification by the Food Department under the Rules---When a law described or required a thing to be done in a particular manner, it should be done in that manner or not at all---SOP under challenge envisaged that the petitioner/mill was only obligated to submit monthly grinding schedule to the concerned District Food Controller duly approved by the concerned authority of Pakistan Army and not the information with regard to sale or purchase of stores, which might amount to breach of certain terms and conditions of the contract executed between the petitioner/mill and the Pakistan Army---Moreover, the petitioner/mill had not brought on record specific grinding days of Pakistan Army in a month for the release of government wheat quota---Letter issued by the concerned District Food Controller had required the petitioner/mill to submit information in terms of days specified for grinding of Pakistan Army but the petitioner/mill failed to provide such information pursuant to which the petitioner/mill was refused government wheat quota during the days of Pakistan Army grinding---Petitioner/Mill had failed to point out solid reasons to declare the SOP as an act without lawful authority or violative to fundamental rights, which otherwise had been issued by the lawful authority---Constitutional petition filed by the flour mill was dismissed, in circumstances. Citation Name: 2024 MLD 203 LAHORE-HIGH-COURT-LAHORE AL-KHALID FLOUR MILLS VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Arts. 4, 5, 18 & 199---Punjab Government Rules of Business, 2011, First Schedule, Column-III, Sr. No.12--- Standing Operating Procedure dated 21.09.2022 issued by Director Food Punjab, Clause VI---Wheat release milling policy 2022-2023 dated 19.09.2022---Standing Operating Procedure dated 21.09.2022 ('the SOP'), Clause VI, vires of---Restriction that no wheat quota to any flour mill would be issued during the days of Army grinding---Legality---Rights of trade and business---Scope---Petitioner being flour mill invoked constitutional jurisdiction of the High Court challenging Clause-VI of the SOP on the ground that said clause patently contradicted the Wheat release milling policy 2022-2023 dated 19.09.2022 ('the Policy')---Contention of the respondents was that though no restriction on private grinding had been imposed upon the flour mills yet it was bound to submit monthly grinding schedule to the District Food Control for issuance of subsidized wheat quota under the Policy, which the petitioner/mill had failed to provide---Validity---Writ is for enforcement of fundamental rights and not for the entitlement of rights and if any equitable relief is sought from the Court then it can only be granted subject to provision of relevant law---Admittedly the petitioner/mill had approached the High Court under Art. 199 of the Constitution seeking directions against the respondents and while seeking such directions, Arts. 4 & 5 of the Constitution had to be kept in mind---It is inalienable right of every citizen to be treated in accordance with law as envisaged by Art. 4 of the Constitution but it is subject to Art. 5 of the Constitution which casts duty and inviolable obligation on every citizen to obey the Constitution and the law, and the relevant law, in the present case, was the SOP issued by the respondent/Food Department in the light of Policy introduced by the Food Department under the Punjab Government Rules of Business, 2011 ('the Rules')---Petitioner/Mill had failed to point out solid reasons to declare the SOP as an act without lawful authority or violative to fundamental rights, which otherwise had been issued by the lawful authority strictly under the Rules---Petition was dismissed, in circumstances. Citation Name: 2024 MLD 203 LAHORE-HIGH-COURT-LAHORE AL-KHALID FLOUR MILLS VS GOVERNMENT OF PUNJAB S. 3---Punjab Government Rules of Business, 2011, First Schedule, Column-III, Sr. No. 12---Standing Operating Procedure dated 21.9.2022 issued by Director Food Punjab, Clause VI---Wheat release milling policy 2022-2023 dated 19.09.2022---Constitution of Pakistan, Art. 18---Standing Operating Procedure dated 21.09.2022 ('the SOP'), Clause VI, vires of---Restriction that no wheat quota to any flour mill would be issued during the days of Army grinding---Legality---Rights of trade and business---Scope---Contention of the petitioner/Mill was that the Clause-VI of the SOP patently contradicted the Wheat Release Milling Policy 2022-2023 dated 19.09.2022 ('the Policy') and also that the SOP issued by the respondent/Director Food Punjab lacked sanction of the respondent/Secretary Food Department---Validity---Pertinently, Director Food, Punjab, being the head of attached department of Food Department fell under First Schedule, Column-III, Sr. No. 12 of the Punjab Government Rules of Business, 2011 ('the Rules')---Food Department had the mandate to legislate, formulate policy and plan as a measure of food security through wheat procurement, construction and maintenance of storage accommodation, storage of wheat, financial arrangements with the banks, transportation of wheat and release of wheat and its overall monitoring---For the release of wheat stock available and to ensure its uninterrupted supply and stabilization of its price in market, the Food Department introduced the Policy under S. 3 of the Punjab Foodstuffs (Control) Act, 1958 with certain terms and conditions---Petitioner/Mill had failed to point out solid reasons to declare the SOP as an act without lawful authority or violative of fundamental rights, which otherwise had been issued by the lawful Authority---Constitutional petition filed by the flour mill was dismissed, in circumstances.

AL-KHALID FLOUR MILLS vs GOVERNMENT OF PUNJAB S — 2024 MLD 203 LAHORE-HIGH-COURT-LAHORE

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