1 2025:CGHC:59491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6251 of 2025 1. Jeevan Lal Jaiswal S/o Late Padumram Jaiswal Aged About 63 Years R/o Village - Aamapali, P.S. And Tahsil- Kharsiya, District- Raigarh (C.G.) 2. Keshar Bai Jaiswal W/o Jeevan Lal Jaiswal Aged About 60 Years R/o Village - Aamapali, P.S. And Tahsil- Kharsiya, District- Raigarh (C.G.) ... Petitioners versus 1. State Of Chhattisgarh Through Secretary, Department Of Food And Consumer Affairs And Public Distribution, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur (C.G.) 2. Commissioner Bilaspur Division, District- Bilaspur (C.G.) 3. Collector Raigarh, District- Raigarh (C.G.) 4. Sub-Divisional Officer (R) Kharsiya, District- Raigarh (C.G.) 5. Tahsildar Kharsiya, District- Raigarh (C.G.) 6. Food Inspector Kharsiya, District- Raigarh (C.G.) 7. Manager Aadim Jati Sewa Sahkari Samiti Maryadit, Jaimura, Tahsil- Kharsiya, District- Raigarh (C.G.) ... Respondents For Petitioner : Mr. F.S. Khare, Advocate For Respondents : Mr. Rishabh Bisen, Panel Lawyer SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.12 17:11:04 +0530 2 SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 08/12/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1. That the Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to quash the impugned order dated 19.11.2024 (Annexure P-1) issued by respondent No.5 and be pleased to allow the petitioners to sale their paddy at paddy procurement center of respondent no.7. 10.2. That, if the Hon’ble Court may deem fit and proper call the records pertaining to petitioner’s case. 10.3 That, the Hon’ble Court may kindly be pleased to pass any other order which may be deed fit and proper in favour of petitioners.” 2. Learned counsel for petitioner submits that against the order passed by the Tahsildar, petitioner has preferred an appeal, Annexure P-6, before the Collector, which came to be dismissed and thereafter second appeal is filed before the Commissioner vide Annexure P-5 under the provisions of Section 18 (2) of the Public Distribution System Control Order 2004. He contended that though appeal was filed before the State Government on 31.1.2025, however, due to subsequent Notification issued by the State Government now all the appeals pending under Section 18 (2) of the Order, 2004 before the State Government are transferred to jurisdictional Divisional Commissioner and appeal of petitioner is now pending before the Divisional Commissioner, Bilaspur. He 3 submits that last date fixed for hearing of appeal was 3.12.2025, however, on the said date Presiding Officer was busy in some other work, therefore, next date fixed is after about two months i.e. on 23.3.2026. He contended that urgency in hearing of appeal is that the government has fixed the period for procurement of paddy from the farmers under the Paddy Procurement Scheme and as per information of petitioner, last date for paddy procurement is 31.1.2026. Therefore, respondent No.2 be directed to hear the case of petitioner on urgent basis by preponing the date. 3. Learned Panel Lawyer for the State submits that as per his instruction, respondent No.2 informed that appeal of petitioner will be considered on the next date fixed. He, however, submits that in view of prayer made by learned counsel for petitioner of issuing a direction to respondent No.2 to consider the appeal on merits by pre-poning the date, he is having no objection. 4. Heard learned counsel for respective parties. 5. Considering facts and circumstances of case, in particular considering the contents of the order of the Tahsildar whereby certain cooperative societies are restrained from purchasing paddy of petitioners sown in their agriculture field, and further considering that as per scheme formulated by the State Government, paddy produced by the farmers of the entire 4 State is to be purchased by the State Government under the Paddy Procurement Scheme is coming to an end on 31.1.2026 for this Khariff season, this Court finds it appropriate to dispose of this writ petition at this stage permitting petitioner to submit urgent hearing application before respondent No.2 and for preponing the date of hearing, and if such an application is submitted, respondent No.2 shall consider the same keeping in mind the facts as discussed above and to pass appropriate orders. 6. 6. Accordingly, this writ petition is disposed of with a direction to respondent No.2 to consider the application for urgent hearing, to be filed by petitioner, and to hear the appeal on merits by preponing the date of hearing of appeal of petitioner, and decide the same in accordance with law expeditiously, latest by 9.1.2026. 7. Certified copy as per rules. SD/- (Parth Prateem Sahu) Judge roshan/-