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2025 DAILYLAW 46235 (CHH)

RAJESH KHURANA v. STATE OF CHHATTISGARH

WPC/6416/2024 · 2025-01-02

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 2 2025:CGHC:60 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6416 of 2024 1 Rajesh Khurana Son Of Budhram Aged About 30 Years Proprietor Of Pratibha Rice Mills, Ulkhar, Block Sarangarh, Dist. Sarangarh- Bilaigarh, C.G. ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supplies, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, Dist. Raipur, C.G. 2 Collector (Food Department) Sarangarh, Dist. Sarangarh-Bilaigarh, C.G. 3 District Marketing Officer Chhattisgarh State Cooperative Marketing Association Maryadit, Pratap Ganj Kisan Rice Mill, Sarangarh, Dist. Sarangarh-Bilaigarh, C.G. 4 Food Inspector Sarangarh, Dist. Sarangarh-Bilaigarh, C.G. For Petitioner : Shri Syed Afaque Hussain Rizvi and Shri Lavkush Sahu Advocates For Respondent / State : Shri R.K. Gupta, Addl. A.G. For Respondent No. 3 : Shri Vikram Sharma, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 2 / 2 02/01/2025 Heard. 1. By the present writ petition the petitioner is questioning order dated 09.12.2024 (Annexure P-1) passed by the Collector. 2. Learned State counsel raised a objection that the order impugned is appealable under Clause 11(2) of the C.G. Custom Milling Procurement Order, 2016 read with Section 6(C) of the Essential Commodities Act, 1955 and the writ petition is not maintainable under Article 226 of Constitution of India. 3. Considering the submissions made, as the impugned order is appealable under clause 11(2) of the C.G. Custom Milling Procurement Order, 2016 read with Section 6(C) of the Essential Commodities Act, 1955 and the writ petition is not maintainable. Accordingly, it is disposed off reserving liberty in favour of petitioner to approach the appellate authority if so advised under Clause 11 (2) of C.G. Custom Milling Procurement Order, 2016. 4. With the aforesaid liberty the writ petition stands disposed off. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti