1 / 5 2025:CGHC:4367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 483 of 2025 1 - Lalit Agrawal S/o Late Ramchandra Agrawal Aged About 54 Years (Partner/director - M/s Balgopal Industries), R/o Flat No. E/6, Baldev Estate, Behind Akansha Hotel, Jagdalpur, District Bastar, Chhattisgarh Firms Address Village - Dhanpunji, Jagdalpur, Dist – Bastar, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar District - Raipur Chhattisgarh 2 - Collector (Food Department) Jagdalpur, District Bastar, Chhattisgarh 3 - Chhattisgarh State Co-Operative Marketing Federation Ltd 6th Floor, Sector-21, CBD Complex, Naya Raipur, Atal Nagar, Chhattisgarh Through The Managing Director 4 - District Marketing Officer, Chhattisgarh State Co-Operative Marketing Sangh Maryadit, Jagdalpur, District Bastar, Chhattisgarh 5 - Food Controller, Jagdalpur, District Bastar, Chhattisgarh 2 / 5 6 - Union Of India Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan, New Delhi ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Lalit Agrawal, Petitioner in person For Respondent/UOI : Mr. Rishabh Dev Singh, Central Govt. Counsel on behalf of Mr. R. K. Mishra, DSGI For Respondents/State : Mr. Rishabh Bisen, Panel Lawyer For Respondents No.3 & 4 : Mr. Ashish Surana, Adv. appeared through VC alongwith Mr. Chetan Chauhan, Adv. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/01/2025 1. In the present case, the petitioner appeared in person and wish to argue the matter. He has already submitted the no objection certificate issued by his counsel, Ms. Deblina Maity, Advocate. Accordingly, the petitioner is permitted to argue the matter in person. 2. By the present writ petition, the petitioner is seeking for the following reliefs:- I). That, this Hon’ble Court may kindly be pleased to direct the concerned respondent to release the custom milling fees of paddy for years 2020-21, 2021- 2022, 2022-23 and 2023-24 total amount of Rs. 3,46,92,038/- (Three Crore Forty-Six Lac Ninety-Two Thousand and Thirty-Eight Rupees) after deduct the amount of remaining balance CMR of year 2023-24 along with additional incentive amount of Rs.120/- per quintals (protsahan rashi) for the custom milling work awarded to the petitioner as per clause 8 of the agreement to the petitioner within 30 days or within stipulated time with interest as per norms under Section 16 of MSMED 2006 Act. 3 / 5 II). That, this Hon'ble Court may kindly be pleased to direct the concerned respondent to deduct the amount of remaining balance CMR of year 2023-24 from outstanding amount of Rs. 3,46, 92,038 pending with the respondent and may direct the authorities to release the remaining outstanding amount within stipulated time period and further protect the petitioner from forfeiture of the bank guarantee/FDR and Post Dated Cheques of the petitioner deposited as security with the bank for this Kharif year 2023-24. III). This Hon'ble Court may kindly be pleased to direct the concerned respondent to renew the Custom milling agreement and license of the petitioner for the year 2024-25, as per agreement and norms of the government and as per amended notification dated 28.11.2023. IV). This Hon'ble Court may kindly be pleased to direct the respondent, not to forfeit the bank guarantee of thepetitioner or not to take any legal action against the petitioner's firm. V). This Hon'ble Court may kindly be pleased to direct the respondents not to stop receiving the balance custom milled rice from the petitioner. VI). This Hon'ble Court may kindly be pleased to direct the respondents to reserve a paddy stock from the local storage centers for an equivalent quantity of six months of the milling capacity to be issued to the petitioner for his survival as mentioned in the Chhattisgarh custom milling order 2016. VII). This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case. 3. Learned counsel appearing for respondents No.3 & 4 would submit that the petitioner, by exercising the Clause 14.1 of the Custom Milling Agreement for the year 2023-24 which provides that if any dispute arose between the parties then the concerned Collector to whom the representation can be submitted, shall decide the same and his decision will be final decision, has 4 / 5 already approached before the concerned Collector on 18/11/2024 and the Collector has already proceeded in the matter by day to day hearing and the application of the petitioner is still pending before the Collector. Hence, the writ petition itself is not maintainable. 4. I have heard learned counsel for the parties, perused the pleadings made by the petitioner as well as the Clause 14(1) of the Custom Milling Agreement for the year 2023-24. 5. Perusal of Clause 14(1) of the Custom Milling Agreement for the year 2023-24 would show that in case of any dispute arrived at between the parties, the concerned Collector will be the appropriate authority and the concerned Collector will decide the objection/representation made by the parties and his decision will be final. 6. In view of the above and the submission made by the learned counsel for the respondents No.3 & 4 that the petitioner has already approached before the Collector under Clause 14(1) of the Custom Milling Agreement for the year 2023-24 on 18/11/2024, the concerned Collector is directed to decide the pending application filed by the petitioner and pass necessary orders within a period of 20 days from the date of receipt of a copy of this Order, in accordance with law and the conditions enumerated in the Custom Milling Agreement for the year 2023- 24. 5 / 5 7. It is made clear that the Collector will decide the case on its own merits without being influenced by any observations made by this Court hereinabove. 8. With the aforesaid direction and observation, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar