M/S DATAR RICE INDUSTRIES UNIT II v. UNION OF INDIA
WPC/915/2025 · 2025-02-17
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8428 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8428 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:8096
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 915 of 2025 1 - M/s Datar Rice Industries Unit Ii Jhakhar Para, Khutgaon, Deobhog, Gariyaband, Dist. Gariyaband, C.G. Through Its Proprietor Mr. Ashif Memon, Aged About 46 Years, S/o. Mr. Ayyb Memon, R/o. 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 - 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, Dist. Raipur (C.G.) 3 - Managing Director Chhattisgarh State Co-Operative Marketing Federation Maryadit, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist. Gariyaband (C.G.)
2 / 3 5 - Collector (Food Department) Gariyaband, Dist. Gariyaband (C.G.) 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager, Mowa, Raipur, Dist. Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Raza Ali, Advocate For Respondent No.1/UOI : Mr. Tushar Dhar Diwan, CGC For Respondents/State : Mr. Ritesh Giri, Panel Lawyer For Respondents No.3 & 6 : Mr. Shreyansh Mehta, Advocate For Respondent No.7 : Mr. R. S. Patel, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 17/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent, particularly the respondents no. 3 & 6 to remove the blockage from the online portal and permit the petitioner to procure paddy and also to deposit rice for the year 2024-2025.
2.
Learned counsel for the petitioner would submit that despite an execution of the agreement with the petitioner for Kharif Milling Session for the year 2024-25 and in spite of communication of District Marketing Officer to the MD of Markfed dated 23.01.2025 to reject the blockage of gate pass and D.O. request, but the respondents are not removing the same and the petitioner is being deprived to procure paddy and to deposit the CMR Rice for the year 2024-25.
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3.
Learned counsel appearing for the respondents no. 3 & 6 submit that, though the District Marketing Officer has requested the MD on 23.01.2025 to remove the blockage of gate pass and D.O. request but the same (Annexure P/3) is an internal communication between the District Marketing Officer and the MD, however, the MD will take a decision on the request of District Marketing Officer within a period of 10 days, if no decision has been taken on the request made by the District Marketing Officer vide (Annexure P/3).
4. I have heard counsels for all the parties and perused the communication dated 23.01.2025 by which the District Marketing Officer, Gariyaband has requested the MD to remove the blockage of gate pass and D.O. request and by which the District Marketing Officer has requested to permit the petitioner to do custom milling hence, the MD Markfed is directed to take a decision on the request made by the District Marketing Officer dated 23.01.2025 in accordance with law.
5. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar