1 2025:CGHC:14441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 244 of 2025  Shivani Traders Rice Mill Dubatiya Chowk, Pendra, Proprietor Shivani Agarwal, W/o Shri Shrawan Agarwal, Aged About 50 Years, R/o Pendra, Tahsil - Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh --- Petitioner(s) versus 1. Collector (Food Department) District Gaurela-Pendra-Marwahi Chhattisgarh 2. Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 3. District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, District Gaurela-Pendra-Marwahi Chhattisgarh 4. Food Officer District Gaurela-Pendra-Marwahi Chhattisgarh 5. Punjab National Bank Through Its Branch Manager, Branch Office - Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh --- Respondent(s) WITH WP227 No. 247 of 2025  M/s Maa Sharda Traders, Rice Mill Amarkantak Road, Sarbehra, Proprietor Shrawan Agarwal, S/o Late Shri Prahlad Rai Agarwal, Aged About 52 Years, R/o Pendra, Tahsil - Pendra, District Gaurela-Pendra- Marwahi Chhattisgarh ---Petitioner(s) Versus 1. Collector (Food Department), District Gaurela-Pendra-Marwahi Chhattisgarh 2. Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh Digitally signed by AJINKYA PANSARE Date: 2025.03.27 17:51:03 +0530 2 3. District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, District Gaurela-Pendra-Marwahi Chhattisgarh 4. Food Officer District Gaurela-Pendra-Marwahi Chhattisgarh 5. Punjab National Bank Through Its Branch Manager, Branch Office - Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh --- Respondent(s) For Petitioners : Mr. Somnath Verma, Advocate For State/ Respondents No. 1 and 4 : Mr. R.S. Marhas, Addl. A.G. along with Ms. Shailja Shukla, Dy. G.A. For Respondents No. 2 and 3/ MARKFED : Mr. Vikram Sharma, Advocate along with Mr. Abhinav Sharma, Advocate For Respondent No. 5 : Mr. Sudhanshu Upadhyay, Advocate on behalf of Mr. Sharad Mishra, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 26-03-2025 1) By way of these petitions, the petitioners have challenged the orders passed by the learned District Judge, Pedraroad, Bilaspur (C.G.) in Misc. Civil Appeal Nos. 15/ 2024 and 16/ 2024, respectively, dated 04.03.2025, whereby applications for the grant of stay have been rejected. 2) Facts of these cases are that the petitioners entered into agreements with the respondent-State on 15.01.2024 and 24.11.2023, respectively, according to the Custom Milling Policy of the Kharif Marketing Year 2023-24. The petitioners lifted a total of 6625.60 and 10709.00 quintals of paddy, respectively, from various paddy procurement centers. On 07.06.2024, the respondent authorities inspected the Rice Mills of the petitioners and found deficiencies in paddy to the tune of 5693.60 and 8446.47 quintals, respectively. Thereafter, the petitioners were granted sufficient time to deposit the custom-milled rice according to the notifications issued by the State Government and Central Government, 3 from time to time. The Collector (Food Department), District Gaurela- Pendra-Marwahi issued show cause notices on three occasions, which are (i) 01/02.07.2024; (ii) 09/10.09.2024 and (iii) 15.10.2024 but the petitioners failed to deposit the milled rice with the respondents, therefore, a final show-cause notice was issued on 22.10.2024 whereby three days’ were granted to file a response but orders were passed on 23.10.2024 whereby the bank guarantees were forfeited and the petitioners were blacklisted. Petitioners preferred Misc. Civil Appeals along with applications for grant of stay according to the provisions of Clause 11 of the Rice Procurement Order, 2016 before the learned District Judge, Pendraroad, Bilaspur (C.G.). However, the learned Court below rejected the applications for grant of stay vide impugned orders dated 04.03.2025. 3) Learned counsel for the petitioners submits that the show-cause notice was issued by the Collector (Food Department) on 22.10.2024 whereby three days’ were granted to file a response but the final orders were passed on 23.10.2024, thus, the petitioners were denied the proper opportunity of hearing. He contends that the learned Court below also failed to consider this aspect while rejecting the application for the grant of stay in both cases. 4) On the other hand, learned State counsel submits that prior to the notice dated 22.10.2024, the show-cause notices were issued on three separate occasions i.e. 01/02.07.2024, 09/10.09.2024 and 15.10.2024. He contends that replies filed by the petitioners were not found satisfactory, therefore, the final orders were passed by the Collector (Food Department). He argues that there is no nexus between the 4 show-cause notice dated 22.10.2024 and the final orders dated 23.10.2024. 5) Learned counsel appearing on behalf of the respondents- MARKFED and Bank supports the contention made by the learned State counsel. 6) At this stage, Mr. Somnath Verma, counsel for the petitioners humbly submits that a small time-frame may be granted to the petitioners to deposit the custom-milled rice with the department. 7) Heard learned counsel for the respective parties at length and perused the material/documents available on record. 8) In view of the contention made by Mr. Verma, the Collector (Food Department), District Gaurela-Pendra-Marwahi is directed to issue separate demand notices to the petitioners specifying the exact quantity of rice to be deposited within a period of seven days from today. Further, the petitioners are also directed to deposit the quantity of rice mentioned in those demand notices within a period of 15 days from the date of receipt of a copy of the demand notices. 9) With the aforesaid direction(s), these petitions stand disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya