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2025 DAILYLAW 35946 (CHH)

GRAMIN SEWA SAHKARI SAMITI MARYADIT GAURTEK v. STATE OF CHHATTISGARH

WPC/3777/2025 · 2025-07-20

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:34423 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3777 of 2025 Gramin Sewa Sahkari Samiti Maryadit Gaurtek (Prathmik Krishi Sakh Sahkari Samiti Gaurtek, Reg. No. 883), Registration No. 883 Through Its Samiti Prabandhak (Manager) Shri Raghuveer Patel, S/o Dhanurjay Patel, Aged About 40 Years, Village- Gaurtek, Block Basna, District- Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Food, Civil Supply And Consumer Protection Department, Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur, District Raipur, C.G. 2 - The Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited 6th Floor Tower-C, Commercial Complex C B D Sector 21 Atal Nagar, Nawa Raipur, District Raipur, C.G. 3 - The Collector Mahasamund, District Mahasamund, C.G. 4 - The District Marketing Officer, Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit, Branch Mahasamund, District Mahasamund, C.G. 5 - The Chief Executive Officer, Zila Sahkari Kendriya Bank Maryadit Raipur, District Raipur, C.G. ---- Respondents For Petitioner : Mr. Siddharth Pandey, Advocate For State : Mr. Rishabh Bisen, PL For Respondents No.2 & 4 : Mr. Animesh Tiwari, Advocate VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.21 17:10:36 +0530 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 The Hon'ble Court may graciously be pleased toissue a writ, order or direction in the nature of mandamus thereby directing the respondents, particularly respondent No. 4 to issue the Final Reconciliation to the (Dhan Milan PramanPatra) Petitioner/Society for Kharif Marketing Season 2024- Certificate 25. 10.2 The Hon'ble Court may graciously be pleased to issue a writ, order or direction in the nature of mandamus thereby directing the respondents to pay all the payable dues/commissions Petitioner/Society for Kharif Marketing Season 2024- 25. 10.3 Any other relief which this Hon'ble Court deems fit and proper be passed in favour of the petitioner along with the cost of the petition.” 2. Counsel for the petitioner contended that the Petitioner/Society is not challenging any particular order rather this petition is being filed against the inaction of respondent No.4, who has not issued the Final Reconciliation Certificate (Dhan Milan Praman Patra) and 3 consequently failed in releasing Petitioner/Society's rightful commission and dues arising from paddy procurement undertaken during the Kharif Marketing Season 2024-25. The petitioner, a duly registered Primary Agriculture Cooperative Society, has fully complied with the policy requirement under the Chhattisgarh Government's Paddy Procurement Policy, particularly Clauses 15.5, 15.8 and 15.9, including the delivery of paddy to the designated transporters after random weighing as mandated. Despite that, respondent No. 4 arbitrarily withheld the final reconciliation on unjustified grounds, without issuing any show cause notice or providing the opportunity of a hearing which violates the fundamental rights guaranteed under Articles 14 and 19(1)(g) and amounts to non-compliance with statutory policy and administrative arbitrariness. The inaction and non- compliance on the part of the respondent authorities have resulted in undue hardship and financial prejudice to the petitioner. 3. Learned counsel for respondents contended that the concerned authorities are ready to decide the application/representation of the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage, the petition is disposed of directing to Respondents No.3 & 4 to consider and decide 4 the petitioner’s representation Annexure P-2 of the petition in accordance with rules, regulations and law, expeditiously preferably within a period of ‘04 weeks’ from today. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant