' IQBAL HAMEED-UR-RAHMAN, J.---By this single judgment I intend to decide the following writ petitions in which common question of law and facts is involved:-- {{TABLE}}
(i) W.P. No,14930 of 2010;
(ii) W.P. No,14866 of 2010;
(iii) W.P. No,15529. Of 2010;
(iv) W.P. No,14275 of 2010; and
(v) W.P. No,12619 of 2010 {{TABLE}}
2. The grievances of the petitioners in these writ petitions are that they being cultivators and growers of sugarcane supplied the sugarcane to the different Sugar Mill owners including the respondents for the year 2009-2010. It is further stated that in spite of the supply duly accepted by the Sugar Mill owners for which the petitioners were duly issued sugarcane purchase receipts in which the outstanding amounts have duly been mentioned with regard to their supplies as given in their writ petitions, respectively.
3. Learned counsel for the petitioners stated that on account of the non-payment by the respondents/mill owners, the petitioners approached the Cane Commissioner, Punjab, Lahore for redressal of their grievances, who is under a legal obligation in accordance with law to ensure that the respondents make payment of the price of the sugarcane within a period of 15 days from its purchase under Rule 14(2) of the Punjab Sugar. Factories Control Act, 1950 as well as under the Punjab Sugar Factories Control Rules, 1950; therefore, the petitioners are entitled for the price of the sugarcane after its delivery, to the respondents and in case of any delay with 11% interest. It is further submitted that there is no written contract or agreement in this regard. The supply of the sugarcane is made at the factory premises and the receipts are issued to the petitioners/growers; as such, there is no written contract between the growers and the mill owners; therefore, the remedies to the growers is before this Court under its Constitutional jurisdiction for the enforcement of their fundamental rights guaranteed under Article 4 of the Constitution of the Islamic Republic of Pakistan, 1973.
4. It is further submitted that although the written and verbal directions have been issued to the respondent's mill owners for payment of dues of the petitioners by the Cane Commissioner but he has not taken any substantial actions provided under the law as Rule 6(2) of the Punjab Sugar Factories Control Rules, 1950 fully empowers the Cane Commissioner to pass directions to the mill owners or their representatives to make payment of price of the sugarcane supplied to them by the petitioners and thereafter exercising the powers of the Collector provided under the Land Revenue Act, pass orders by adopting different modes of recovery i,e, by attachment and sale of the Sugar Mill as well as by their arrest and detention of the mill owners for the recovery of their .Due amount as well as initiate criminal proceedings against them.
5. It is further submitted that in this regard, previously numerous writ petitions had been filed before this Court, in which a direction had been issued to register a criminal case against the mill owners under section 406, P.P.C. And subsequentlyF.I.Rs, against the Gojra and Samundari Sugar Mill owners were registered.
6. Further argued that the, respondents/mill owners have no justification to delay the payment to the petitioners: as such the assets and properties of the mill owners be attached arid the same be sold through public auction for the recovery of their dues. It is also argued that this Court had previously passed a judgment on 26-4-2010 in Writ Petition No,5664 of 2010 titled as Muhammad Ajmal v. Govt. Of the Punjab etc, with regard to the same grievance as is urged through the instant writ petitions and a direction had been passed to the Cane Commissioner, Punjab, to proceed against the respondents/Sugar Mill owners exercising all the powers envisaged through the provisions of the Punjab Sugar Factories Control Act, 1950, which empowers him to act as a Collector for the recovery of the dues of the sugarcane growers. He shall proceed in the matter in expeditious manner under the provisions of the Land Revenue Act, by adopting different modes provided in it for attachment, arrest and detention etc. Of the mill owners for effecting the recovery of the dues of the petitioners and even proceed with initiating criminal proceedings against the respondents as provided under Rule 21(aa) of the Punjab Sugar Factories Control Act, 1950 for non- compliance of his directions. As such, the case of the petitioners being at par with the previously allowed writ petitions, these writ petitions be also accepted and a direction be issued to the respondents in these writ petitions in the same terms.
7. Learned Additional A.-G. Fully supports the contentions of the learned 'counsel for the petitioners and states that there is no justification for the non-payment being made by the mill owners.
8. Arguments pro and contra heard, material made available on the record perused.
9. Through these writ petitions, the petitioners are seeking a direction to be issued to the Cane Commissioner, Punjab to proceed strictly in accordance with law and to redress the grievances of the petitioners and take legal actions as provided under the law.
10. In view of the above perspective, this writ petition, W.P. No,14866 of 2010, W.P. No,15529 of 2010, W.P. No,14275 of 2010 and W.P. No,12619 of 2010 are disposed of with the direction to the Cane Commissioner, Punjab, to proceed against the respondents/Sugar , Mill owners exercising all the powers envisaged through the provisions of the Punjab Sugar Factories Control Act, 1950, which empowers him to act as a Collector for the recovery of the dues of the sugarcane growers. He shall proceed fn the matter in a expeditious manner:under the provisions of the Land Revenue Act, by adopting different modes as is provided in law for effecting the recovery of the dues of the petitioners and even proceed with initiating criminal proceedings against the Sugar Mill owners and if need be against the respondents as provided under Rule 21(aa) of the Punjab Sugar Factories Control Act, 1950 for non-compliance of, his -directions.