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High Court of Chhattisgarh · body

2025 DAILYLAW 8675 (CHH)

M/S KESHKAL RICE MILL v. UNION OF INDIA

WPC/858/2025 · 2025-02-12

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:7450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 849 of 2025 1 - M/s Ab Rice Mill Official Address Main Road, Village Aawarabhata, Bahigaon, Keskal, Dist. Kondagaon Chhattisgarh Through Its Partner Mohammed Yasin Meman, Age About 32 Years, S/o Mr. Mohammed Yusuf, R/o H.No. 161, Main Road Para, Keskal, Kondagaon, Dist. Kondagaon Chhattisgarh 2 - Mohammed Yasin Meman S/o Mr. Mohammed Yusuf Aged About 32 Years R/o H.No. 161, Main Road Para, Keskal, Kondagaon, Dist. Kondagaon Chhattisgarh --- 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 Chhattisgarh 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.13 17:01:52 +0530 2 4 - Chhattisgarh State Civil Supplies Corporation Limited Kondagaon, Dist. Kondagaon Chhattisgarh 5 - Collector (Food Department) Kondagaon, Dist. Kondagaon Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Maryadit, Kondagaon, Dist. Kondagaon Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur Chhattisgarh --- Respondent(s) WPC No. 850 of 2025 1 - M/s Jp Agro Industries, Marar Para, District Kondagaon Chhattisgarh. Through Its Partner Anish Kumar Gupta, Ageg About 54 Years, S/o Mr. J.P. Gupta, R/o H. No. 203, Marar Para Ward, Kondagaon, District Kondagaon, Chhattisgarh. 2 - Anish Kumar Gupta S/o Mr. J.P. Gupta Aged About 54 Years R/o H. No. 203, Marar Para Ward, Kondagaon, District Kondagaon, Chhattisgarh. ---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, District Raipur, Chhattisgarh. 3 3 - Managing Director Chhattisgarh State Market Federation Maryadit Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4 - Chhattisgarh State Civil Supplies Corporation Limited Kondagaon, District : Kondagaon, Chhattisgarh 5 - Collector (Food Department) Kondagaon, District : Kondagaon, Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation, Maryadit, Kondagaon, District : Kondagaon, Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur, Chhattisgarh. --- Respondent(s) WPC No. 851 of 2025 1 - M/s Om Rice Mill Farasgaon, Juganicamp, Kondagaon C.G. Through- Its Partner Shivam Ghosh, Aged About 21 Years, S/o Mr. Ravi Ghosh, Resident Of Ward No. 12, Petrol Pump Line, Farasgaon, Kondagaon, Dist- Kondagaon (C.G. ). 2 - Shivam Ghosh S/o Mr. Ravi Ghosh Aged About 21 Years R/o Ward No. 12, Petrol Pump Line, Farasgaon, Kondagaon, Dist- Kondagaon ( C.G. ). ---Petitioner(s) Versus 1 - Union of India Through- Secretadry Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan, New Delhi. 4 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 Market Federation Mardaditi Atal Nagar Nawa Raipur Dist- Raipur ( C.G. ). 4 - Chhattisgarh State Civil Supplies Corporation Limited, Kondagaon, Dist- Kondagaon ( C.G. ). 5 - Collector ( Food Department ) Kondagaon, Distt- Kondagaon ( C.G. ). 6 - District Marketing Officer, Chhattisgarh State Co- Operative Marketing Fedration Maryadit, Kondagaon, Distt- Kondagaon ( C.G. ). 7 - Food Corporation Of India Through- Its General Manager, Office At Mowa Raipur ( C.G. ). --- Respondent(s) WPC No. 852 of 2025 1 - M/s Sanskar Rice Mill Main Road, Garka, Kondagaon Chhattisgarh Through Its Proprietor Hitesh Mehta, Aged About 45 Years, S/o Mr. Dheerubhai Mehta, R/o Dihipara, Iti Marg, Borgaon, Keshkal, Dist. Kondagaon Chhattisgarh 2 - Hitesh Mehta S/o Mr. Dheerubhai Mehta Aged About 45 Years R/o Dihipara, Iti Marg, Borgaon, Keshkal, Dist. Kondagaon Chhattisgarh ---Petitioner(s) Versus 5 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 Chhattisgarh 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 4 - Chhattisgarh State Civil Supplies Corporation Limited Kondagaon, Dist. Kondagaon Chhattisgarh 5 - Collector (Food Department) Kondagaon, Dist. Kondagaon Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Maryadit, Kondagaon, Dist. Kondagaon Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur Chhattisgarh --- Respondent(s) WPC No. 856 of 2025 1 - M/s Meman Rice Mill Masjid Para, Keshkal Kondagaon Chhattisgarh Through Its Proprietor Aamir Memon, Aged About 25 Years, S/o Mr. Amin Memon, R/o H.No. 66, Raza Nagar, Keshkal, Kondagaon, Dist. Kondagaon Chhattisgarh 6 2 - Aamir Memon S/o Mr. Amin Memon Aged About 25 Years R/o H.No. 66, Raza Nagar, Keshkal, Kondagaon, Dist. Kondagaon Chhattisgarh ---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 Chhattisgarh 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 4 - Chhattisgarh State Civil Supplies Corporation Limited Kondagaon, Dist. Kondagaon Chhattisgarh 5 - Collector (Food Department) Kondagaon, Dist. Kondagaon Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Maryadit, Kondagaon, Dist. Kondagaon Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur Chhattisgarh --- Respondent(s) WPC No. 858 of 2025 1 - M/s Keshkal Rice Mill Salebhata, Keshkal Dadargad, Kondagaon Chhattisgarh Through Its Partner Dharmendra Kumar Mishra, Aged 7 About 52 Years, S/o Mr. Girjashankar Mishra, R/o Ward No. 5, Near Sbi Bank, Keshkal, Dist. Kondagaon Chhattisgarh 2 - Dharmendra Kumar Mishra S/o Mr. Girjashankar Mishra Aged About 52 Years R/o Ward No. 5, Near Sbi Bank, Keshkal, Dist. Kondagaon Chhattisgarh ---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 Chhattisgarh 3 - Managing Director Chhattisgarh State Co-Operative Marketing Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 4 - Chhattisgarh State Civil Supplies Corporation Limited Kondagaon, Dist. Kondagaon Chhattisgarh 5 - Collector (Food Department) Kondagaon, Dist. Kondagaon Chhattisgarh 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Maryadit, Kondagaon, Dist. Kondagaon Chhattisgarh 7 - Food Corporation Of India Through Its General Manager, Office At Mowa Raipur Chhattisgarh ... Respondent(s) 8 For respective Petitioner(s) : Mr. Raza Ali, Advocate For Respondent/Union of India : Ms. Annapurna Tiwari with Mr. Tushar Dhar Diwan, Central Government Counsel. For Respondents/State : Mr. Santosh Bharat, Mr. Mayur Khandelwal and Ms. Anuja Sharma, Panel Lawyers. For Respondent Nos.3 & 6 : Mr. Shreyansh Mehta, Advocate. For Respondent No.7/FCI : Mr. R.S. Patel, Advocate. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/02/2025 1. Since similar issue is involved, in all the petitions, they are being heard together and decided by the common order. 2. By the present writ petitions the petitioners are seeking a direction towards the respondent authorities to accept the deposit/ submission of CMR for the current year as per the Custom milling agreement and license of the petitioner’s firm which has been executed for the year 2024-25. 3. Learned counsel for the petitioner by referring the communication of Deputy Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution dated 23.01.2025 submits that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended up to 22.02.2025. The communication dated 23.01.2025 reads as under:- No. 3(7)/2023 023-Py.i-Part(1) (306071) Government of India Ministry of Consumer Alfairs, Food and Public Distribution Department of Food and Public Distribution 9 Krishi Bhawan, New Delhi. Dated 23-01-2025 To, The Secretary Department of Food, Civil Supplies & Consumer Protection, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Ralpur-492002 Subject: Extension of period for milling of paddy and delivery of CMR in Chhattisgarh for KMS 2023-24 (Kharif) - reg. Ref: 1. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1/P2(P) dated 23.12.2024 2. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1 dated 07.01.2025 3. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पा्቏-1 dated 17.01.2025 4. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पा्቏-1 dated 22.01.2025 Sir. I am directed to refer to Government of Chhattisgarh's letters under reference, on the above subject and to convey the approval of Government of India for extension of period for milling and delivery of Custom Milled Rice (CMR) into the Central Pool for KMS 2023-24 (Kharif crop) up to 22.02.2025 for Chhattisgarh, subject to Joint Physical Verification of the balance paddy by State Govt and FCI 2. The delivery of CMR will be as per the cost sheet and FAQ specifications prescribed for KMS 2023-24. Government of Chhattisgarh must ensure that the delivery of CMR of Kharif Crop during KMS 2023-24 is completed by 22.02.2025,1 as no further extension will be granted. 3. Further, State Government and FCI are requested to take necessary steps to check recycling of rice, if any. A system of monitoring may be instituted at field level by FCI to monitor the delivery of balance CMR, mill wise as per planned schedule to be obtained from State Government Agencies in writing. Age test may also be conducted at the time of rice delivery as per the protocol to be devised by FCI. 4. This issues with the approval of Secretary, F&PD. Yours falthfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 4. Learned counsel for the petitioners submit that the writ petitions may be disposed off with a direction to the respondents to accept the custom milling rice for KMS 2023-24 10 (Kharif crop) subject to joint verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23.01.2025. 5. Learned counsel for Food Corporation of India, MARKFED and State counsel submits that they are not opposing the communication issued by the Government Of India dated 23.01.2025. 6. I have heard learned counsel for the parties and perused the communication dated 23.01.2025. 7. Perusal of communication dated 23.01.2025 shows that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended till 22.02.2025. Considering the same, it is directed that the custom milling rice for KMS 2023-24 (Kharif crop) of the petitioners be accepted subject to joint verification of the balanced paddy by the State government, Food Corporation of India and MARKFED in accordance with communication dated 23.01.2025 issued by the Government of India. 8. With the aforesaid observation, the petitions stand disposed off. SD/- (Bibhu Datta Guru) Judge Amardeep