1 2025:CGHC:10215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1138 of 2025 1 - Shivendra Singh (Proprietor Pratik Agro Industries) S/o Late Shri N.K. Rai Aged About 66 Years R/o Village Raka Post Murmunda Dongargarh District - Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - Union Of India Through Secretary Department Of Food Civil Supplies And Consumer Portection Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food Civil Supplies And Consumer Portection Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District - Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit Atal Nagar Naya Raipur District - Raipur (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.04 16:24:25 +0530 2 4 - C.G. State Civil Supplies Corporation Limited Rajnandgaon District - Rajnandgaon (C.G.) 5 - Collector (Food Department ) Rajnandgaon District - Rajnandgaon (C.G.) 6 - District Marketing OfÏcer Department Of Food Civil Supplies And Consumer Portection Rajnandgaon District - Rajnandgaon (C.G.) 7 - Food Corporation Of India (Fci) Regional OfÏce Mova Vidhan Sabha Marg Raipur District - Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Reena Singh, Advocate. For Respondent No. 1 : Shri Tushar Dhar Diwan, CGC For State/Respondent no. 2 : Shri Ritesh Giri, Panel Lawyer. For Respondent no. 3 & 6 : Shri Shreyansh Mehta, Advocate For FCI : Shri R.S. Patel, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 03.03.2025 1. By the present writ petition, the petitioner is seeking following reliefs:- i. That, this Hon'ble Court may kindly be direct the concerned respondent to accept the balance of 3155.11 Quintals of the Custom Milled Rice for KMS 2023-24 with immediate effect as per notification dated 20.02.2025 and arrange to take delivery of balance CMR of 2023-24 in State Pool, from such rice mills 3 which could not complete the delivery of KMS 2023-24 in Central Pool", as petitioner being the sufferer in the hands of the respondents (as being debarred from depositing CMR of 3155.11Quintals for 2023-24 in the extended time.) ii. This Hon'ble Court may kindly be pleased to direct the concerned respondent, not to recover the amount of balance paddy left with the mill of the petitioner from security deposit (in the form of BG/FDR/PDC), looking to the fair approach of the petitioner and wrongful approach of the concerned respondents. iii. This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case and further direct the concerned respondent not to take any legal action against the petitioner’s firm. 2. Learned counsel for the petitioner would submit that the first round of litigation i.e. WPC No. 697/2025 decided on 03.02.2025, by which the petitioner was seeking a direction towards the respondent authority 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 2024-2025. The said writ petition was disposed of with an observation that “ 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 4 Corporation of India and MARKFED in accordance with communication dated 23.01.2025 issued by the Government of India”. 3. Pursuance to the same a physical verification was made by the respondents in presence of the petitioner, however, in spite of the said fact when the ban on acceptance of CMR was not lifted and the balance quantity of custom mill rice for KMS 2023-24 was not accepted then the petitioner again filed a fresh writ petition i.e. WPC No. 1011/2025. The said writ petition was disposed on 20.02.2025 on the contention of the counsel appearing for FCI who made a statement that after verification 82.57 quintals rice are to be accepted and the FCI is ready to accept the rice which is mentioned in the proforma for physical verification of paddy of KMS 2023-24. 4. Learned counsel submits that the document of physical verification placed in the writ petition WPC No. 1011/2025, by which the FCI has stated that 82.57 quintals rice are to be accepted was a wrong submission, whereas as per the physical verification the actual rice which was to be accepted was 3155.11 quintals, hence the order dated 03.02.2025 in WPC No. 697/2025 has not been complied with. Learned counsel for the petitioner would submit that the document of physical verification which was placed by the FCI counsel stating that 82.57 quintals rice are to be accepted, the same was placed in the Court only and the same is contrary to the actual physical verification, hence the respondent be directed to accept the actual balance i.e. 3155.11 quintals of the custom mill rice. 5 5. Learned counsel for the MARKFED and FCI submits that the present writ petition itself is not maintainable at this stage because if the petitioner is having any dispute to the quantum of Custom milling rice which was verified physically in presence of all the parties then the said factual dispute cannot be adjudicated in the writ petition under Article 226 of the Constitution of India. The petitioner, if aggrieved by any dispute then he shall approach the District Collector by filing an application of representation before the Collector under the Clause 14(1) of the Custom Milling Agreement 6. I have heard both the parties and perused the earlier orders in the writ petition i.e. WPC No. 697/2025 dated 03.02.2025 and order dated 20.02.2025 in WPC No. 1011/2025. 7. The writ petition bearing WPC No. 697/2025 decided on 03.02.2025 with a direction that the custom milling rice for KMS 2023-24 (Khariff crops of the petitioner 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. Pursuance to the same, it was verified and in the said verification it was found that 82.57 quintals of rice are to be accepted which was placed by the respondent FCI during the course of hearing on 20.02.2025 which was endorsed by the petitioner himself. Presently, the present writ petition has been filed questioning and disputing the physical verification made by the parties, though the petitioner was present at the time of physical verification and has put his signature in the said physical verification 6 sheet and it was found that 82.57 quintal of rice are to be accepted. Hence the present writ petition disputing the physical verification which is an in fact a factual dispute cannot be adjudicated in a writ petition under Article 226 of the Constitution of India. If there is any dispute arising between the parties, the petitioner can approach the Collector by availing the remedy available under Clause 14 (1) of the Custom Milling Agreement executed between him which has been annexed by the petitioner himself as (Annexure P//3) and the Collector will be the appropriate authority to decide the said dispute in accordance with the agreement and law. As far as the petitioner’s contention that the respondents have not complied with the order passed by this Court in WPC No. 697/2025 is concerned, the petitioner is at liberty to file a contempt petition and hence the present writ petition filed by the petitioner is devoid of merits and the writ petition is dismissed as not maintainable. Sd/- (Bibhu Datta Guru) Judge Shoaib