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2025 DAILYLAW 17215 (CHH)

TIKESHWARI KHANDAIT v. STATE OF CHHATTISGARH

WPC/1832/2025 · 2025-05-08

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:21866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1832 of 2025 1 - Tikeshwari Khandait W/o Gambhir Khandait Aged About 37 Years R/o House No. 61, Hamirpur, Tamnar District Raigarh, Chhattisgarh. 2 - Kailash Barik S/o Lochan Barik Aged About 35 Years R/o Jagannath Mandir Para, Hamirpur, Tamnar District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmer Welfare, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Raigarh District Raigarh, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Gharghoda, District Raigarh, Chhattisgarh. 4 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation, Raigarh, District Raigarh, Chhattisgarh. 5 - District Food Inspector Raigarh, District Raigarh, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 6 - Mandi Secretary Krishi Upaj Mandi, Gharghoda, District- Raigarh (C.G.) (As Per Honble Court Order Dated- 17-04-2025) ... Respondent(s) For Petitioner(s) : Mr. Rajendra Tripathi, Advocate. For Respondent(s)/ State : Mr. Santosh Bharat, Panel Lawyer. For Respondent No. 4 : Mr. Harshal Chouhan, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/05/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “i. That, this Hon'ble Court may kindly be pleased to direct the respondent authority by issuing writ of mandamus to release the tractor of the petitioner no.1 and the paddy owned by the petitioner no. 2, which was seized by the respondent authority. Or Alternatively, the respondents be directed to give compensations of damages of vehicle & paddy. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that he is seeking direction against the respondents to release the tractor of the 3 petitioner No. 1 and paddy of the petitioner No. 2 which was seized by respondent authority way back on 05.01.2025. He further submits that the petitioners have made various applications before the respondent authorities to release their vehicle and paddy respectively but no action has been taken till date. Hence, this petition. 3. Learned counsel for the State submits that the tractor seized from the petitioners have already been returned. As far as the seized paddy is concerned, if the petitioners submit a representation along with supporting documents before the concerned respondent authorities, the matter will be duly considered. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case if, upon verification, it is found that the paddy in question rightfully belongs to the petitioners, the same shall be returned to them in accordance with law. 6. With this observation, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat