M/S BHUAJI FARMS PRIVATE LIMITED, v. UNION OF INDIA
WPC/484/2025 · 2025-01-30
Shri Bibhu Datta Guru
body2025
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[ 2025 DAILYLAW 4735 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 4735 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:5547
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 484 of 2025
1. M/s Bhuaji Farms Private Limited, Through Its Promoter Shri Aman Goyal, S/o Shri Ashok Kumar Goyal, Aged About 32 Years Office At Shri Niketan, Ward No. 14, In front Of Gayatri Mandir, Amarpur Road, Pendra (C.G.) Factory Situated At Village Kudkai, Marwahi Road, Pendra District Guerella-Pendra-Marwahi (C.G.) 495119
... Petitioner versus
1. Union Of India Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Office At Krishi Bhavan, New Delhi
2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Office At Mahanadi Bhawan, Mantralay, Atal Nagar, New Raipur, District Raipur (C.G.)
3. Chhattisgarh State Cooperative Marketing Federation Limited Through Managing Director, Office At Atal Nagar, New Raipur, District Raipur (C.G.)
4. Food Corporation Of India, Regional Office Chhattisgarh Through General Manager, Office At Mowa, Kapa, Vidhan Sabha Marg, Raipur (C.G.)
5. Collector District Guerella-Pendra-Marwahi (C.G.).
6. District Marketing Officer District Guerella-Pendra-Marwahi (C.G.).
7. Chhattisgarh Rajya Gramin Bank Through Its Branch Manager, Branch Pendra, District Guerella-Pendra-Marwahi (C.G.)
... Respondents
2 For Petitioner : Shri Anand Shukla, Advocate For Respondent/UOI : Ms Annuapurna Tiwari, Advocate For Respondent/State : Shri Ranbir Singh Marha, Addl. Adv. General For Respondent/ MARKFED : Shri Ashish Surana, Advocate (through VC) & Shri Aditya Bhardwaj, Advocate For Respondent/FCI : Shri R.S. Patel, Advocate
Order on Board By Bibhu Datta Guru, J. 30/1/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to accept the deposit/submission of CMR for the current year as per the Custom milling agreement and license of the petitioner’s firm.
2.
Learned counsel appearing for the petitioner by referring the communication of the Deputy Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution dated 23.01.2025 would submit 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) (306071) 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
3 To The Secretary, Department of Food, Civil Supplies & Consumer Protection, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Ralpur-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/पा्-1 dated 17.01.2025
4. Govt. of Chhattisgarh's letter No.
एफ 4-9/2023/29- 1/पा्-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 the approval of 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.
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 22.02.2025,1 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
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3.
Learned counsel for the petitioner submits that the writ petition may be
disposed of with a direction to the respondents to accept the custom milling rice for KMS 2023-24 (Kharif crop) subject to joint verification by the State Government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23.01.2025, within a stipulated time period.
4.
Learned counsel appearing for the FCI, MARKFED and State would submit that they are not opposing the communication issued by the Government Of India dated 23.01.2025.
5. I have heard learned counsel appearing for the parties and perused the communication dated 23.01.2025.
6. Perusal of the communication dated 23.01.2025 would show 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.
7. Having considered the entire facts situation of the case, it is directed that the custom milling rice for KMS 2023-24 (Kharif crop) of the petitioner be accepted, subject to joint verification of the balance paddy by the State Government, FCI and MARKFED in accordance with communication dated 23.01.2025 issued by the Government of India, as early as possible preferably within a period of ten days from the date of receipt of a copy of this order.
8. With the aforesaid observations, the petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri
K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.30 17:34:06 +0530