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2025 DAILYLAW 19621 (CHH)

LALIT AGRAWAL (PARTNER / DIRECTOR - M/S BALGOPAL INDUSTRIES) v. UNION OF INDIA

WPC/2112/2025 · 2025-04-29

Shri Amitendra Kishore Prasad

body2025

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1 2025:CGHC:19371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2112 of 2025 1 - Lalit Agrawal (Partner / Director - M/s Balgopal Industries) S/o Late Ramchandra Agrawal Aged About 54 Years R/o Flat No. E/6, Baldev Estate, Behind Akansha Hotel, Jagdalpur, District- Bastar (C.G.), Firms Addres- Village- Dhanpunji, Jagdalpur, Dist- Bastar (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 Deparment 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, Jagdalpur, District- Bastar (C.G.) 5 - Collector (Food Department), Jagdalpur, District- Bastar (C.G.) 6 - District Marketing Officer, Department Of Food, Civil Supplies And Consumer Protection, Jagdalpur, District- Bastar (C.G.) Digitally signed by GOPAL SINGH Date: 2025.04.29 18:34:51 +0530 2 7 - Food Corporation Of India (Fci), Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Reena Singh, Advocate For Respondent No.1 : Shri Tushar Dhar Diwan, Central Government Counsel For State : Shri Praveen Das, Deputy Advocate General For Respondent No.7 : Shri R.S. Patel, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 29/04/2025 1. The grievance of the petitioner is that the respondents authorities are not accepting balance of Custom Milled Rice (CMR) to the tune of 2177.91 Quintals of the petitioner Rice Mill though as per the notification dated 26.3.2025 (Annexure P1) the State 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. 2. By this petition, the petitioner seeks the following reliefs: “i. That, this Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the balance of CMR of 2177.91 of Kharif year 2023-24 in the light of notification dated 26.02.2025 issued by respondent no.2, and further protect the petitioner from confiscation of the bank guarantee/ FDR and Post Dated Cheques of the 3 petitioner deposited as security with the bank for this Kharif year 2023-24. ii. 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.” 3. 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) of Kharif Year 2023-24, as such necessary direction may be issued. 4. 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 Kharif Year 2023-24 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 (Annexure P1). 5. Heard learned counsel appearing for the parties and considered the rival submissions. Considering that the notification (Annexure P1) was 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 tomorrow. Since, according to the notification dated 26.3.2025, the last date fixed for depositing 4 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 that the balance of total Custom Milled Rice (CMR) of 2177.91 Quintals be allowed to be deposited by the petitioner tomorrow, i.e., 30.4.2025 subject to verification of the quantity and quality of the rice. If the online portal is not open, it may be opened today so that the petitioner may deposit his rice tomorrow. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh