1 / 7 2025:CGHC:6357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6384 of 2024 1 - M/s Datar Rice Industries Unit Ii Jhakhar Para Khutgaon Deobhog Gariyaband District Gariyaband C.G. Through Its Porprietor Mr. Ashif Memon Aged About 46 Years S/o Mr. Ayyb Memon Resident Of Jhakhar Para Deobhog District - Gariyaband (C.G.) 2 - Ashif Memon S/o Mr. Ayyab Memon Aged About 46 Years Resident Of Jhakhar Para Deobhog District - Gariyaband (C.G.) --- Petitioners versus 1 - Union Of India Through Secretary Ministry Of Consumer Affairs Food And Public Distribution Department Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food Civil Supplies And Consumer Protection Mahanadi Bhawan Mantralaya Nawa Raipur Atal Nagar District Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit Atal Nagar Nawa Raipur District - Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited Gariyaband District - Gariyaband (C.G.) 2 / 7 5 - Collector (Food Department) Gariyaband District - Gariyaband (C.G.) 6 - District Marketing Officer Chhattisgarh State Co- Operative Marketing Fedration Maryadit Gariyaband (C.G.) 7 - Food Corproration Of India Through Its General Manager Mowa Raipur District - Raipur (C.G.) And Office Also At Mahasamund (C.G.) --- Respondents with WPC No. 6371 of 2024 1 - M/s Gayatri Udhyog, H. No. 162, Chhotapara, Raipur, Dist. Raipur Chhattisgarh Through Its Partner Arif Memon, Aged About 45 Years, S/o Mr. Ayyub Memon, R/o Village Jhakhrapara, Tehsil Deobhog, Dist. Gariyaband Chhattisgarh 2 - Arif Memon S/o Mr. Ayyub Memon Aged About 45 Years R/o Village Jhakhrapara, Tehsil Deobhog, Dist. Gariyaband Chhattisgarh ---Petitioners Versus 1 - Union Of India Through - Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist - Raipur Chhattisgarh 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 3 / 7 4 - Chhattisgarh State Civil Supplies Corporation Limited Gariyaband, Dist - Gariyaband Chhattisgarh 5 - Collector (Food Department) Gariyaband Dist - Gariyaband Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist. Gariyaband Chhattisgarh 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur Chhattisgarh --- Respondents with WPC No. 6386 of 2024 1 - M/s Datar Rice Industries, Jhakhar Para, Gariyaband, Dist. Gariyaband Chhattisgarh Through Its Proprietor Mr. Ashif Memon, Aged About 46 Years, S/o Mr, Ayyb Memon, R/o Jhakhar Para, Deobhog, Dist. Gariyaband Chhattisgarh 2 - Ashif Memon S/o Mr. Ayyb Memon Aged About 46 Years R/o Jhakhar Para, Deobhog, Dist. Gariyaband Chhattisgarh ---Petitioners Versus 1 - Union Of India Through - Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist - Raipur Chhattisgarh 4 / 7 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 4 - Chhattisgarh State Civil Supplies Corporation Limited Gariyaband, Dist - Gariyaband Chhattisgarh 5 - Collector (Food Department) Gariyaband Dist - Gariyaband Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist. Gariyaband Chhattisgarh 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur Chhattisgarh And Office Also At Mahasamund Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Raza Ali, Advocate For Respondents/ UOI : Ms. Jyoti Singh, Central Govt. Counsel For Respondents/ State : Mr. Anmol Sharma, Mr. Ritesh Giri, Mr. Mayur Khandelwal, Ms. Anuja Sharma, Panel Lawyers For Respondents/Mark. Fed. : Mr. Vikram Sharma, Advocate For Respondents/FCI : Mr. R.S. Patel and Mr. Ashish Sahu, Advocates (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 04/02/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. For the sake of convenience, the facts of WPC No. 6384/2024 are taken into consideration. 2. By the present writ petitions, the petitioners are seeking a direction towards the respondent authorities to accept the deposit/ submission of CMR for the current year as per the Custom milling 5 / 7 agreement and license of the petitioner’s firm which has been executed for the year 2024-25. 3. Learned counsel appearing for the petitioners by referring the communication dated 23/01/2025 issued by the Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, submits that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended up to 22/02/2025. The communication dated 23/01/2025 reads as under:- No. 3(7)/2023 023-Py.I-Part(1) (386071) Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution …….. Krishi Bhawan, New Delhi. Dated 23-01-2025 To, The Secretary, Department of Food, Civil Supplies & Consumer Protection, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur-492002 Subject: Extension of period for milling of paddy and delivery of CMR in Chhattisgarh for KMS 2023-24 (Kharif) – reg. Ref: 1. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1/P2(P) dated 23.12.2024 2. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1 dated 07.01.2025 3. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पार्ट-1 dated 17.01.2025 4. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पार्ट-1 dated 22.01.2025 Sir, I am directed to refer to Government of Chhattisgarh's letters under reference, on the above subject and to convey approval of the Government of India for extension of period for milling and delivery of Custom Milled Rice (CMR) into the Central Pool for KMS 2023-24 (Kharif crop) up to 22.02.2025 for Chhattisgarh, subject to Joint Physical Verification of the balance paddy by State Govt. and FCI. 6 / 7 2. The delivery of CMR will be as per the cost sheet and FAQ specifications prescribed for KMS 2023-24. Government of Chhattisgarh must ensure that the delivery of CMR of Kharif Crop during KMS 2023-24 is completed by 22.02.2025, as no further extension will be granted. 3. Further, State Government and FCI are requested to take necessary steps to check recycling of rice, if any. A system of monitoring may be instituted at field level by FCI to monitor the delivery of balance CMR, mill wise as per planned schedule to be obtained from State Government Agencies in writing. Age test may also be conducted at the time of rice delivery as per the protocol to be devised by FCI. 4. This issues with the approval of Secretary, F & PD. Yours faithfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 4. Learned counsel for the petitioners submits that the writ petitions may be disposed off with a direction to the respondents to accept the custom milling rice for KMS 2023-24 (Kharif crop) subject to joint physical verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23/01/2025. 5. Learned counsel appearing for the State are not opposing the communication issued by the Government Of India dated 23/01/2025. 6. Learned counsel appearing for MARKFED as well as the Food Corporation of India submit that on verification made by the authorities, shortage was found in all the rice mills, hence the present circular which has been referred by the learned counsel for the petitioners will not be applicable. 7 / 7 7. I have heard learned counsel for the parties and perused the communication dated 23/01/2025. 8. Perusal of communication dated 23/01/2025 shows that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended till 22.02.2025. Considering the same, it is directed that the custom milling rice for KMS 2023-24 (Kharif crop) of the petitioners be accepted subject to joint physical verification of the balanced paddy by the State government, Food Corporation of India and MARKFED in accordance with communication dated 23/01/2025 issued by the Government of India. 9. With the aforesaid observation, these petitions stand disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar