1 2025:CGHC:15223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1956 of 2022 • Ashok Som S/o Lakhanlal Som, Aged About 36 Years Posted As In-Charge Manager/purchase Officer Aadim Jaati Sewa Sehkari Samiti Maryadit, Gohrapadar, Registration No. 65, Upaarjan Kendra Gohrapadar, R/o Village Sarmimuda, Vikaskhand Mainpur, District Gariyabandh Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station Rakhi, District Raipur Chhattisgarh. 2 - The Collector, Gariyabandh, District Gariyabandh, Chhattisgarh. 3 - The S.D.O. (Revenue), Mainpur, District Gariyabandh Chhattisgarh. 4 - The Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited, 6th Floor, Tower-C, Commercial Complex Cbd, Sector 21 Atal Nagar Nawa Raipur District Raipur Chhattisgarh. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.04.03 09:32:23 +0530 2 5 - Assistant Registrar, Co-Operative Societies, Gariyabandh, Police Station, Tahsil And District Gariyabandh Chhattisgarh. 6 - District Marketing Officer, Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Gariyabandh, Police Station, Tahsil And District Gariyabandh Chhattisgarh. 7 - Chief Executive Officer, Zila Sahkari Kendriya Bank Maryadit, Gariyabandh Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Hari Agrawal, Advocate. For State/Respondent Nos.1 to 3 : Ms. Upasana Mehta, Deputy GA. For Respondent No.7 : Shri Sandeep Dubey, Advocate. (Hon’ble Shri Justice Amitendra Kishore Prasad) Order on Board 01/04/2025 1. Petitioner has filed this Writ Petition under Article 226 of the Constitution of India seeking following relief/s:- a. A writ and/or an order in the nature of appropriate writ do issue setting aside impugned Show Cause Notice dated 07.04.2022 (Annexure P-1) and all the consequential/incidental actions Initiated thereto, in the facts & circumstances of the case and in the interest of justice. b. A writ and/or an order in the nature of appropriate writ directing the respondent authorities to strictly abide by the 3 letter/rule of law, while dealing with the case of the Petitioner. c. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. d. Cost of the petition may also be awarded. 2. At the outset, learned counsel for the parties would submit that matter in issue has already been decided by this Court in WPC No.2805 of 2021 (Gyanendra Pratap Singh vs. State of Chhattisgarh and Others) and other connected matters on 17.07.2021 and the present Writ Petition may be disposed of in terms of the observation made by this Court at para 11 of the said order, which reads thus:- 11. The submissions of the petitioners and the respondents would show as on date that the dispute arisen about the performance of the agreement is quite logical that if the paddy was not transferred because of the fault of Marketing Federation and caused loss and further loss by rain it cannot be pass on to head of the petitioners. The submission of the petitioners that in absence of the DO/TO the paddy could not be transferred is also required to be examined to finalize the liability. All these issue are required to be adjudicated at the same time the petitioners cannot be driven to a corner by arm twisting method to lodge FIR for any loss which might have been caused. Therefore, under the facts of this case, to arrive at the finding of fact about failure of performance of agreement on either part of the party i.e. procurement centre or State 4 Marketing Federation as per Clause 14 the issue is referred to the Collector of the particular district. The Collector shall adjudicate the issue after the evidence is adduced about the non performance of part of the contract by either of the parties and shall thereafter decide it accordingly. The petitioners shall be at liberty to invoke clause 14 i.e. Arbitration Clause along with the memo of their claim for 2020-21 within a period of 2 weeks and the same shall be concluded with a reasonable time. The petitioners shall also be entitled to file any interim prayer in the circumstances of this case to claim interim due or any other relief to arrest further loss of paddy. 3. Accordingly, the present Writ Petition is disposed of in the same terms. Sd/- (Amitendra Kishore Prasad) Judge Avinash