1 2025:CGHC:21973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2554 of 2025 Santosh Kumar Yadav S/o Baboo Ram Yadav Aged About 46 Years Occupation - Manager And In-Charge Of Paddy Procurement Center, Kosmandi, Prathmik Krishi Sakh Sahakari Samiti Maryadit Kosmandi, Registration No. 2321, R/o. Ward No. 14, Indira Chauk, Bhatapara, Kosmandi, District - Balodabazar-Bhatapara, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary Department Of Food, Civil Supplies Consumer Protection, Mantralay, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2 - The Secretary, Co-Operative Department, Mahandi Bhawan, Capital Complex, Atal Nagar New Raipur, District - Raipur, Chhattisgarh. 3 - Managing Director- Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh. 4 - District Marketing Officer Balodabazar, District - Balodabazar-Bhatapara, Chhattisgarh. 5 - The Collector Balodabazar, District - Balodabazar-Bhatapara, Chhattisgarh. 6 - Deputy Commissioner/Deputy Registrar Co-Operative Society Balodabazar, District - Balodabazar-Bhatapara, Chhattisgarh. 7 - Branch Manager/supervisor District Cooperative Central Bank Limited, Raipur, Branch - Kosmandi, District - Balodabazar-Bhatapara, Chhattisgarh. ... Respondents For Petitioner : Mr. Rajbahadur Singh, Advocate For State : Mr. Suyashdhar Badgaiya, Dy. G.A. For Respondents No.3 & 4 : Mr. Harshal Chouhan, Advocate PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.05.15 14:38:18 +0530 2 Single Bench : Hon'ble Shri Justic e Deepak Kumar Tiwari Order on Board 13/05/2025 1) This petition has been filed under Article 226 of the Constitution of India for the following relief (s) :- 10.1. That, this Hon’ble Court may kindly be pleased to quashed /se- aside the notice dated 24.04.2025 (Annexure P-1) issued by the respondent no.6 and also direct to the respondents authority to not take any legal action against the petitioner. 10.2. That, this Hon’ble Court may kindly be pleased to direct the respondents authority to decide and provide the benefit of loss of paddy due to dryness and change of climates in light of clarification letter dated 12.11.2024. 10.2. That, the Hon’ble Court may kindly be pleased to direct the respondent authority to comply the terms and condition of the policy and agreement which relates to lifting of paddy within prescribed period. 10.3. That this Hon’ble Court may kindly be please to issue an appropriate writ by commanding and directing the respondent’s authority to pay the all expenses made by the petitioner to keep the paddy in safe. 10.4. That, the Hon’ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondent’s authority to lift the paddy from procurement centers forthwith as per the number of bags. 10.5. That this Hon’ble court may kindly be please to direct the respondent to consider and decide the representation of petitioner in light of the order passed by this Hon’ble Court in similar cases. 10.6. Any other relief which the Hon’ble Court may deem fit, in the interest of justice. 2) At the outset, learned counsel for the petitioner would submit that in the similar issue, in a bunch of matter of the Co-ordinate Bench taking as a lead case WPC No.1502/2025 “Chitrasen Rath Vs. 3 State of Chhattisgarh and Others” direction has been given to the petitioners to submit an appropriate representation along with the copy of that order before the Central and State Government to consider the issue and for redressal of their grievances, within a period of 02 weeks from the date of receipt of the copy of that order and, the authority concerned, in turn, shall consider and decide the said representation while passing a reasoned order within a further period of 90 days in accordance with law. The relevant portion of the order, para 17 reads as under:- “17. Considering the aforesaid aspect of the matter and submissions advanced by the parties, this Court directs the petitioners to submit an appropriate representation along with a copy of this order before the Central and the State Governments to consider the issue and for redressal of their grievances within a period of two weeks from the date of receipt of a copy of this order and the authorities concerned, in turn, shall consider and decide the said representations while passing a reasoned order within a further period of 90 days in accordance with law.” 3) Learned counsel for the respondents would submit that in the present matter, a show cause notice has been issued and, in the matter of Chitrasen Rath (Supra) in the said order, it has been observed that without notice or opportunity of hearing in violation of principles of natural justice, recovery has been undertaken and, in the present case, the said procedure has been followed. However, it would not oppose the prayer made by the counsel for the petitioner for filing a fresh representation in terms of WPC No.1502/2025. 4 4) Having considered the aforesaid submission made in the present matter, also the loss is due to delayed lifting, this Court deem it proper to dispose of this petition with a direction to the petitioner to submit an appropriate representation along with the copy of this order and the order passed in WPC No.1502/2025 before the competent authorities within a period of 02 weeks from the date of receipt of the copy of this order and, in turn, the said authority shall consider and decide the said representation while passing a reasoned order within further period of 90 days in accordance with law. 5) Accordingly, this writ petition and all pending interlocutory applications also stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Prashant