1 2025:CGHC:19782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1449 of 2025 1 - Jitendra Dewangan (Proprietor Of Maa Parmeshwari Rice Mill) S/o Bhanuram Dewangan Aged About 63 Years Business Place- Village- Charbhata, Tahsil- Dongargarh, District- Rajnandgaon (C.G.) Present R/o- Dongargarh, District- Rajnandgaon (C.G.) ... Petitioner versus 1 - Union Of India Through-Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, 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, Rajnandgaon, District- Rajnandgaon (C.G.) 5 - Collector (Food Department) Rajnandgaon, District- Rajnandgaon (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon, District- Rajnandgaon (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.30 18:43:08 +0530 2 ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Akhtar Hussain, Advocate For Respondent No.1 : Ms. Anmol Sharma, Central Government Counsel For State/Respondent(s) : Mr. Praveen Das, Dy. Advocate General with Ms. Upasana Mehta, Dy. Government Advocate For Respondents No.3 & 6 : Mr. Shreyansh Mehta, Advocate For Respondent No.7 : Mr. R. S. Patel, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. Heard Mr. Akhtar Hussain, learned counsel for the petitioner. Also heard Ms. Anmol Sharma, Central Government Counsel for the respondent No.1, Ms. Upasana Mehta, Dy. Government Advocate for the State/respondent/s, Mr. Shreyansh Mehta, learned counsel for the respondent Nos. 3 & 6 and Mr. R. S. Patel, learned counsel for the respondent No.7. 2. The grievance of the petitioner is that the petitioner has already deposited Naan Arwa Custom Milled Rice (CMR) and out of FCI Arwa of 17160 Quintals of paddy, till date the petitioner has deposited 9,553 Quintals and for remaining paddy, the petitioner is ready and willing to deposit the same but the respondents authorities are not accepting balance of Custom Milled Rice (CMR) to the tune of 7,607 Quintals of the petitioner Rice Mill though as per the notification dated 26.3.2025, the State 3 Government has already directed the Chhattisgarh State Marketing Federation Maryadit and others to receive the Custom Milled Rice upto 30th April, 2025, the last date fixed for depositing the Custom Milled Rice. 3. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1.That this Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the balance of FCI Arwa Custom Milled Rice (CMR) of year KMS 2023-24 in the light of notification/circular dated 23.01.2025 & 24.01.2025. 10.2.That, Hon'ble Court may further direct the concerned respondents not to take any type of action against the petitioner's firm with regard to recovery of amount of balance CMR from the FDR/ Bank Guarantee/ PDC given by the petitioner as security against the agreement of custom milling of rice for year 2023-24, till the extended dated for depositing remaining balance CMR of the KMS 2023-24. 10.3.This Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the deposit/submission of CMR for this current Year 2024- 2025 as already the petitioner has uplifted the paddy and ready and willing to deposit the CMR as per the Custom milling agreement and license of the petitioner's firm has been executed for the year 2024- 25. 10.4. This Hon'ble Court may kindly be pleased to direct the respondent concerned to grant stake in favour of the petitioner and may direct the NIC to open the wing (ID), FCI portal so that remaining amount of CMR can be deposited efficiently. 10.5. This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case for releasing the outstanding of incentive amount 4 (protsahan rashi due upon the concerned respondent/respondents) 10.6. 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.” 4. It is argued by learned counsel appearing for the petitioner that the online portal has been closed, as such the petitioner is not able to deposit the Custom Milled Rice (CMR) for the current Year 2024-25, as such necessary direction may be issued. 5. Learned counsel appearing for the respective respondents submit that the petition is premature as when the last date fixed is 30.4.2025 for depositing the Custom Milled Rice (CMR) for the current Year 2024-25 then the petitioner, instead of depositing the same before the respondents authorities, has rushed to this Court. The petitioner should have approached the authorities for depositing the CMR as per the notification dated 26.3.2025. 6. Heard learned counsel appearing for the parties and considered the rival submissions. Considering that the notification issued on 26.3.2025, however, even after lapse of one month, the petitioner, instead of depositing the CMR, is making hue and cry when the last date is going to expire today. Since, according to the notification dated 26.3.2025, the last date fixed for depositing the CMR is 30.4.2025, as such, without entering into the merits of the case, considering the prayer made by the petitioner, it is directed 5 that the balance Customed Milled Rice (CMR) of 7,607 Quintals out of FCI Arwa of 17160 Quintals of paddy, be allowed to be deposited by the petitioner on 30.4.2025, as the petitioner has filed this petition on 27.02.2025, subject to verification of the quantity and quality of the rice. If the online portal is not opened, it may be opened so that the petitioner may deposit his rice. 7. The respondents are directed to inform the respondent No.3 & 6/Markfed and other concerned authorities to comply the above order urgently. 8. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi