1 2025:CGHC:5521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 571 of 2025 1 - M/s Datar Rice Industries Jhakhar Para, Gariyaband, Dist. Gariyaband C.G. Through Its Proprietor Mr. Ashif Memon, Aged About 46 Years, S/o Mr. Ayyb Memon, Resident Of Jhakhar Para, Deobhog, Dist. Gariyaband C.G. 2 - Ashif Memon S/o Mr. Ayyb Memon Aged About 46 Years R/o Jhakhar Para, Deobhog, Dist. Gariyaband C.G. Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 2 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 3 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 4 - Collector (Food Department) Gariyaband, Dist- Gariyaband (C.G.) 5 - Sub-Divisional Magistrate Dist- Gariyaband, Dist- Gariyaband C.G. 6 - Food Department Collectorate Compound, Dist- Gariyaband C.G. 7 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist- Gariyaband (C.G.) 8 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist- Raipur C.G. And Office Also At Mahasamund C.G. Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.30 14:36:09 +0530 2 For Petitioner(s) : Mr. Raja Ali, Advocate For State : Ms. Nupoor Sonkar, PL For Resp. 2 & 7 : Mr. Shreyansh Mehta, Advocate For Resp. 8 : Mr. R.S. Patel, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 30/01/2025 1. By the present petition, the petitioners are questioning the action of the Sub-Divisional Magistrate, Distt. Gariyaband/Respondent No.5, by which, the petitioners’ Rice Mill has been sealed/locked without affording any opportunity of hearing and the action has been done in violation of the Chhattisgarh Rice Custom Milling Order, 2016 (hereinafter referred to as ‘ the Order, 2016’). 2. Learned counsel for the petitioners submits that the Sub- Divisional Officer is not authorized in any manner to seal the Rice Mill of the petitioners, however, the Sub Divisional Officer has locked the Mill in an illegal and arbitrary manner, without affording any opportunity of hearing to the petitioner, and without following the provisions of the Order, 2016. 3. Learned counsel appearing for the State submits that the Sub Divisional Magistrate, after making a panchnama (Annexure-P/1), has locked the petitioners’ Rice Mill, as the petitioners were not depositing rice in accordance with the Order, 2016. 4. I have heard counsel for the parties and perused the pleadings as well as the Panchnama (Annexure-P/1) dated 16/12/2024 3 prepared by the SDO. 5. On perusal of the Panchnama (Annexure-P/1), it appears that on the basis of directions of the Collector, Food Branch, the SDO has sealed the Rice Mill of the petitioners on the ground that the petitioners were not depositing the rice as per the Order, 2016. 6. Clause-8 of the Order, 2016 provides for the powers of entry, search and seizure etc., which reads as under:- Powers of entry, search and seizure, etc.- (1) Enforcement Officer may, with a view to ensure compliance with the provisions of this Order or for satisfying himself that this Order has been complied with,- (a) enter, with such assistance as may be necessary, in any rice mill or other premises where he has reason to believe that rice is produced or stocked; (b) ask any person all necessary questions; (c) examine any documents and records, (d) call for the submission of such returns relating to the stocks of paddy and rice held by miller as may be necessary for assessment of custom milling under this order; (e) search, and so far as may be necessary for the purpose of search, detain any person and seize rice, paddy and vehicle found in the possession of such person with respect to which he has reason to believe that contravention of any of the provisions of this Order has been, is being or is about to be committed and thereafter take or authorize the taking of all measures necessary, for the production of stock and vehicle so seized in the court or before the Collector and for 4 their safe custody, pending such production. 7. Perusal of the provisions of the above Order, 2016 does not reflect anywhere whether the Sub-Divisional Officer has been empowered to seal the Rice Mill of rice suppliers. Hence, the act of the Sub-Divisional Officer, by which, the Rice Mill of the petitioners has been locked is absolutely contrary to the provisions of the Order, 2016 as well as as contrary to the principle of natural justice because the petitioner was never been heard before putting lock on the Rice Mill of the petitioners. 8. Therefore, the Sub Divisional Magistrate, Gariyaband/Respondent No.5 is directed to immediately open the Rice Mill of the petitioner today itself, which was locked as per the Panchnama (Annexure- P/1). 9. With the aforesaid directions, the writ petition is disposed of. 10. Certified copy today. Sd/- (BIBHU DATTA GURU) JUDGE Rahul