1 2025:CGHC:8839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1033 of 2025 1 Guman Sinha (Proprietor - M/s Himanshi Rice Industries) S/o Late Dharu Ram Sinha Aged About 51 Years Business Address- Village- Haradula, Tahsil- Charama, District- Kanker (C.G.) R/o Village- Tansi, Tahsil- Charama, Distrit- Kanker (C.G.) ... Petitioner(s) versus 1 Union Of India Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi. 2 State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (C.G.) 3 Managing Director, Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 C.G. State Civil Supplies, Corporation Limited, Kanker Dist- Kanker (C.G.) 5 Collector (Food Department), Kanker, Dist.- Kanker (C.G.) 6 District Marketing Officer, Department Of Food, Civil Supplies And Consumer Protection, Kanker, Dist.- Kanker (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.20 16:22:03 +0530 2 7 Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, Distrit- Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Reena Singh, Advocate For Respondent(s)/ State : Ms. Upasana Mehta, Dy. G.A. For MARKFED : Shri Shreyansh Mehta, Advocate For F.C.I. : Shri R.S. Patel, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 20/02/2025 Heard. 1. By the present writ petition the petitioner is seeking a direction towards the respondent authorities to accept the deposit/ submission of CMR for the current year as per the Custom milling agreement and license of the petitioner’s firm which has been executed for the year 2024-25. 2. Learned counsel for the petitioner by referring the communication of Deputy Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution dated 23.01.2025 submits that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended up to 22.02.2025. The communication dated 23.01.2025 reads as under:- No. 3(7)/2023 023-Py.i-Part(1) (306071) Government of India Ministry of Consumer Alfairs, Food and Public Distribution Department of Food and Public Distribution Krishi Bhawan, New Delhi. Dated 23-01-2025 To, The Secretary Department of Food, Civil Supplies & Consumer Protection, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Ralpur-492002 3 Subject: Extension of period for milling of paddy and delivery of CMR in Chhattisgarh for KMS 2023-24 (Kharif) - reg. Ref: 1. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1/P2(P) dated 23.12.2024 2. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1 dated 07.01.2025 3. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पा्቏-1 dated 17.01.2025 4. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पा्቏-1 dated 22.01.2025 Sir. I am directed to refer to Government of Chhattisgarh's letters under reference, on the above subject and to convey the approval of Government of India for extension of period for milling and delivery of Custom Milled Rice (CMR) into the Central Pool for KMS 2023-24 (Kharif crop) up to 22.02.2025 for Chhattisgarh, subject to Joint Physical Verification of the balance paddy by State Govt and FCI 2. The delivery of CMR will be as per the cost sheet and FAQ specifications prescribed for KMS 2023-24. Government of Chhattisgarh must ensure that the delivery of CMR of Kharif Crop during KMS 2023-24 is completed by 22.02.2025,1 as no further extension will be granted. 3. Further, State Government and FCI are requested to take necessary steps to check recycling of rice, if any. A system of monitoring may be instituted at field level by FCI to monitor the delivery of balance CMR, mill wise as per planned schedule to be obtained from State Government Agencies in writing. Age test may also be conducted at the time of rice delivery as per the protocol to be devised by FCI. 4. This issues with the approval of Secretary, F&PD. Yours falthfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 3. Learned counsel for the petitioner submits that the writ petition may be disposed off with a direction to the respondents to accept the custom milling rice for KMS 2023-24 (Kharif crop) subject to joint verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23.01.2025. 4. Learned counsel for Food Corporation of India, MARKFED and State counsel submits that they are not opposing the communication issued by the Government Of India dated 23.01.2025. However, learned counsel appearing for MARKFED by placing a copy of the communication dated 20.01.2025 issued by the District Marketing Officer, Kanker to the 4 Managing Director of the MARKFED would submit that there was a shortage of 400 quintals of paddy and for which the petitioner has deposited an amount of Rs. 10 Lakhs in the form of demand draft and submitted the same in the office of the District Marketing Officer. Since the shortage of paddy found, the case of the petitioner cannot be disposed off on the basis of similar order passed in other identical matters. 5. I have heard learned counsel for the parties and perused the communication dated 23.01.2025 as also the communication dated 20.01.2025. 6. Perusal of the communication dated 20.01.2025 it appears that the District Marketing Officer observed that though there was a shortage of 400 quintal of paddy and for which the petitioner has already deposited the amount of Rs. 10 Lakhs and hence the District Marketing Officer recommended for relaxation of the ban imposed upon the petitioner. 7. Further perusal of communication dated 23.01.2025 shows that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended till 22.02.2025. Considering the same, it is directed that the custom milling rice for KMS 2023-24 (Kharif crop) of the petitioners be accepted subject to joint verification of the balanced paddy (excluding the shortage as per communication dated 20.01.2025) by the State government, Food Corporation of India and MARKFED in accordance with communication dated 23.01.2025 issued by the Government of India. 8. With the aforesaid observation, the petition stand disposed off. Sd/- (Bibhu Datta Guru) JUDGE Gowri/Jyoti