1 2025:CGHC:21647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2494 of 2025 Yugal Kishore Pandey S/o Baldev Prasad Pandey Aged About 41 Years (Partner- M/s Shri Ram Industries), R/o Village- Kochbay, Gariyaband, District Gariyaband, Chhattisgarh. ... 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 Chhattisgarh 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur Chhattisgarh 4 - C.G. State Civil Supplies, Corporation Limited Gariyaband, District - Gariyaband, Chhattisgarh 5 - Collector (Food Department) Gariyaband, District - Gariyaband, Chhattisgarh 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District - Gariyaband, Chhattisgarh 7 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District - Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.09 19:48:17 +0530 2 For Petitioner : Mr. Akhtar Hussain, Advocate For Union of India : Mr. Ramakant Mishra, Dy. Solicitor General with Ms. Annapurna Tiwari, Advocate For State : Mr. Praveen Das, Dy. Advocate General and Mr. Satish Gupta, Government Advocate For MarkFed : Mr. Shreyansh Mehta, Advocate For Food Corporation of India : Mr. R.S. Patel, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.05.2025 1. By filing the present writ petition, the petitioner has prayed for following reliefs :- “(i) That, this Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the balance of CMR of 3854.37 Quintals of Kharif year 2023-24 in the light of notification dated 30.04.2025 issued by respondent no.2 (whereby the time to deposit the CMR of the year 2023-24 has been further extended till 10.5.2025), and further protect the petitioner from confiscation of the bank guarantee/ FDR and Post Dated Cheques of the 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)/ writis), order(s) in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case.” 3 2. The petitioner entered into a contract under the Custom Milling Policy for the Kharif Marketing Year 2023-24 with the District Marketing Officer, acting on behalf of the Chhattisgarh State Co- operative Association Limited. It is case of the petitioner that the respondent authorities are not accepting the balance of Custom Milled Rice (CMR) 3854.37 Quintals of the petitioner, even after the notification dated 26.03.2025 issued by the respondent no. 2, whereby the concerned respondents have been directed to accept the CMR of Kharif year 2023-24 from the ice miller till 30.04.2025 and further for the said purpose the last date of 30.04.2025 has been extended till 10.05.2025. The non-acceptance of CMR of 2023-24 of the petitioner by the concerned respondent is completely against the principle of natural justice and is bad in the eyes of law. 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) for the current Year 2024-25, 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 10.05.2025 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 4 Court. The petitioner should have approached the authorities for depositing the CMR as per the notification dated 26.03.2025. 5. Learned counsel for the Mark-Fed submits that in view of the correspondence dated 26.03.2025 bearing reference No. 4- 9/2024/29-1 issued by State of Chhattisgarh to Mark-Fed regarding shortage of CMR for KMS 2023-24, there is an express direction from the State Government that the rice to be deposited in the State pool shall be exclusive of the shortage identified during the Joint Physical Verification (JPV). 6. Heard learned counsel appearing for the parties and considered the rival submissions. Considering that the notification issued on 26.03.2025, 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 on 10.05.2025. Since, according to the notification dated 26.03.2025, the last date fixed for depositing the CMR is 10.05.2025, as such, without entering into the merits of the case, considering the prayer made by the petitioner, it is directed that the balance Customed Milled Rice (CMR) at 3854.37 Quintals be allowed to be deposited by the petitioner on 10.05.2025, as the petitioner has filed this petition on 02.05.2025, subject to abovementioned correspondence and 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 the rice. 5 7. The respondents are directed to inform the respondent - Mark-Fed 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 Yogesh