1 2025:CGHC:9123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1047 of 2025 1 M/s Jd Agro Industries Private Limited Company Company Having Its Registered Address Village Nevdha, Jaroud, Simga, Dist- Balodabazar Bhatapara C.G. Through- Its Director Rajesh Kumar Khubwani, Aged About 46 Years, S/o Mr. Chandu Mal Ljibwani, Resident Of Juhulelal Ward No. 13, Setpur Nagar, Tilda, Raipur ( C.G. ). 2 Rajesh Kumar Khubwani S/o Mr. Chandu Mal Khubwani Aged About 46 Years R/o Juhulelal Ward No. 13, Setpur Nagar, Tilda, Raipur ( C.G. ). --- Petitioner(s) versus 1 Union Of India Through- Secretary, Ministry Of Consumer, Affairs, Food And Public Distribution Department, Krishi Bhawan, New Delhi. 2 State Of Chhattisgarh Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.21 17:55:25 +0530 2 Mantralaya. Nawa Raipur Atal Nagar Distt- Raipur ( C.G. ). 3 Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Distt- Raipur ( C.G. ). 4 Chhattisgarh State Civil Supplies Corporation Limited Raipur, Distt- Raipur ( C.G. ). 5 Collector ( Food Department ), Balodabazar Bhatapara, Distt- Balodabazar -Bhatapara ( C.G. ). 6 District Marketing Officer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Balodabazar Bhatapara, Distt- Balodabazar-Bhatapara ( C.G. ). 7 Food Corporation Of India Through- Its General Manager, Office At Mowa Raipur, ( C.G. ). --- Respondent(s) WPC No. 1048 of 2025 1 M/s Jd Industires Village Tulsi Neora, Raipur Through Its Proprietor Rajesh Kumar Khubwani S/o Mr. Chandu Mal Khubwani, R/o Jhulela Ward No. 13, Setpur Nagar, Tilda, Raipur C.G. 2 Rajesh Kumar Khubwani, S/o Mr. Chandu Mal Khubwani, Aged About 46 Years R/o Juhulelal Ward No. 13, Setpur Nagar, Tilda, Raipur C.G. ---Petitioner(s) Versus 3 1 Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist.- Raipur C.G. 3 Managing Director, Chhattisgarh State Market Federation Maryaditi Atal Nagr, Nawa Raipur, Dist Raipur (C.G.) 4 Chhattisgarh State Civil Supplies, Corporation Limited, Raipur, Dist- Raipur (C.G.) 5 Collector (Food Department), Raipur, Dist- Raipur (C.G.) 6 District Marketing Officer, Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Raipur, Dist- Raipur (C.G.) 7 Food Corporation Of India, Through Its General Manager, Office At Mowa Raipur C.G. --- Respondent(s) For Petitioner(s) : Ms. Katyayani Vishnupriya, Advocate For Respondent(s)/ State : Ms. Nupoor Sonkar, P.L. For MARKFED : Shri Shreyansh Mehta, Advocate For Union Of India : Shri Ramakant Mishra, Advocate For F.C.I. : Shri R.S. Patel along with Shri Ashish Sahu, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 21/02/2025 4 Heard. 1. Since similar issue is involved, in all the petitions, they are being heard together and decided by the common order. 2. By the present writ petitions the petitioners are 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. 3. 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 Subject: Extension of period for milling of paddy and delivery of CMR in Chhattisgarh for KMS 2023-24 (Kharif) - reg. 5 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 4. Learned counsel for the petitioner submits that the writ petitions 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. 5. Learned counsel for Food Corporation of India, MARKFED and State counsel submits that they are not opposing the 6 communication issued by the Government Of India dated 23.01.2025. 6. I have heard learned counsel for the parties and perused the communication dated 23.01.2025. 7. 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 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 petitions stand disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti