HC allows firm to open fruit collection centres

Strap: Was denied permission to procure oranges for medicinal purposes due to Covid outbreak

Saurabh Malik

Tribune News Service

Chandigarh, May 15

A company stopped from procuring oranges following apprehensions regarding theft of kinoos will be back in the trade again. Preventing the fruit business from turning bitter, the Punjab and Haryana High Court today set aside an order declining it permission to open its centres.

The permission to procure self-aborted small oranges for medicinal purposes was unilaterally withdrawn on April 18 primarily on the ground of Covid and that representations were received from a certain segment of farmers expressing fear about the theft of kinoos. The apprehensions stemmed from the fact that “the availability of labourers was less and the farmers were busy due to the harvesting season”.

Taking up the petition filed by Hindustan Fardirect Ingredients Private Limited against Punjab and other respondents, Justice Jaishree Thakur asserted the reasoning did not appear to carry much weight. “It is not as if the petitioner herein is going to collect the kinoos physically from the gardens of the farmers and, in fact, it is the farmer himself who is to bring his produce to the collection centres,” Justice Thakur asserted.

In her detailed order, Justice Thakur observed the petitioner was engaged in the business of procuring small oranges for preparing medicines and had been given permission to open collection centres in Sittgunno, Alamgarh and Pattrewala in Fazilka district.

Justice Thakur added the court while dealing with the present petition could take note of the fact that permission had been granted to several centres for procurement of wheat, etc. Besides, Fazilka Deputy Commissioner’s office had granted relaxation during the curfew/lockdown period for waxing/movement of kinoos, horticulture items, fruits and cold storage daily between 7 am and 7 pm vide order dated May 3.

As such, there could be no cogent reason for stopping the petitioner to open its collection centres, if the movement of kinoos, horticulture items and fruits had been permitted by the office order dated May 3.

Justice Thakur added it was for the farmers to bring their produce to the centres. Otherwise also, it was well settled principle of law that an executive order was required to be reasonable, legitimate and rational — something which was inherently lacking in the impugned order dated April 18.

Allowing the writ petition, Justice Thakur directed the setting aside of the impugned order, while permitting the petitioner to open its collection centres by adhering to all precautionary measures required to be maintained during the Covid period.