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2025 DAILYLAW 5698 (CHH)

M/S JAI CHANDI AGROTECH KASHIBAHARA v. UNION OF INDIA

WPC/486/2025 · 2025-01-23

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:4150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 486 of 2025 1 - M/s Jai Chandi Agrotech Kashibahara Komakhan, Bagbahra, Mahasamund, C.G. Through Its Partner Bajrang Agrawal, Aged About 35 Years, S/o Mr. Ganesh Prasad Agrawal, Resident Of H.No. 131, Ward No. 08, Gurudwara Para, Baghbahra, Distt. Mahasamund, Chhattisgarh 2 - Bajrang Agrawal S/o Mr. Ganesh Prasad Agrawal Aged About 35 Years Resident Of H.No. 131, Ward No. 08, Gurudwara Para, Baghbahra, Distt. Mahasamund, 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 Distt.- Raipur, Chhattisgarh 3 - Managing Director, Chhattisgarh State Market Federation Maryadit, Atal Nagar, Nawa Raipur, Distt. Raipur, (Chhattisgarh) 2 / 4 4 - Chhattisgarh State Civil Supplies, Corporation Limited Gariyaband, Distt.- Kanker (Chhattisgarh) 5 - Collector (Food Department) Gariyaband, Distt.- Gariyaband (Chhattisgarh) 6 - District Marketing Officer, Chhattisgarh State Co-Operative Marketing Federation Maryadit, Gariyaband, Distt. Gariyaband, Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur (Chhattisgarh) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Raza Ali, Advocate For Respondent No.1/UOI : Ms. Anmol Sharma, Central Govt. Counsel For Respondents/State : Mr. Anmol Sharma, Panel Lawyer For Respondents No.3 & 6 : Mr. Ashish Surana, Advocate For Respondent No.7 : Mr. R. S. Patel with Ashish Sahu, Advocates (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 23/01/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to permit the petitioner to deposit the remaining Custom Milled Rice (CMR) within a period of 30 days or to provide monetary compensation to the petitioner. 2. Learned counsel appearing for the petitioner submits that the petitioner was a party to Custom Milling Agreement for the year 2023-24 with the Chhattisgarh State Cooperative Marketing Federation. The time limit to deposit the custom rice was 3 / 4 extended by the Union of India till 31/12/2024 and the respondents authorities used to permit the rice millers to deposit the rice through their OnLine portal via wing application and in which the turn/number has not been provided to the petitioner to deposit the CMR rice and out of 57 turns, 38 turns has been given till 31/12/2024. In each turn, one lot has been permitted, each lot contains 290 quintals and therefore, the same has not been deposited on time and now the petitioner is ready to deposit the same but the respondents are not permitting the same for their own fault. 3. Learned counsel for the respondents by referring clause 14(1) of the Custom Milling Agreement 2023-24 submit 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. 4. I have heard learned counsel for the parties, perused the pleadings made by the petitioners 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. 4 / 4 6. In view of the above, the petitioner is directed to approach the concerned Collector as per the provisions prescribed under the Custom Milling Agreement for the year 2023-24 by filing a representation. In the event of filing of such a representation, the Collector is directed to decide the same within a period of seven days from the date of filing of such a representation by providing sufficient opportunity of hearing to all the parties in accordance with law and the conditions enumerated in the Custom Milling Agreement for the year 2023-24. 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