Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 9326 (CHH)

M/S ALI RICE INDUSTRIES v. UNION OF INDIA

WPC/914/2025 · 2025-02-14

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 7 2025:CGHC:7953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 914 of 2025 1 - M/s Ali Rice Industries Main Road Garka, Keshkal, District Kondagaon, C.G Through The Proprietor Mr. Mohammed Ayyub, Aged About 62 Years, S/o Mr. Tar Mohammed, Resident Of H.No. 57, Noori Bai Ward, Keshkal, District Kondagaon Chhattisgarh. 2 - Mohammed Ayyub S/o Mr. Tar Mohammed Aged About 62 Years R/o H.No. 57, Noori Bai Ward, Keshkal, 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 - Managing Director Chhattisgarh State Market Federation Maryaditi 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 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.17 17:11:32 +0530 2 / 7 Chhattisgarh. 6 - District Marketing Officer Chhattisgarh State Co - Operative Marketing Fedration Maryadit, Kondagaon, District Kondagaon Chhattisgarh. 7 - Food Corporation Of India Through Its General Manager, Office Of Mowa Raipur Chhattisgarh. --- Respondent(s) WPC No. 918 of 2025 1 - M/s Nirmala Agro Industries Kohkameta, Keshkal, Dist. Kondagaon C.G. Through Its Partner Mr. Shrikant Katariya, Aged About 40 Years, S/o Mr. Surendra Kumar Katariya, Resident Of Main Road Keshkal, Dist. Kondagaon C.G. 2 - Shrikant Katariya S/o Mr. Surendra Kumar Katariya Aged About 40 Years R/o Main Road Keshkal, Dist. Kondagaon 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 Market Federation Maryaditi 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, Dist- Kondagaon (C.G.) 3 / 7 6 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Kondagaon, Dist. Kondagaon (C.G.) 7 - Food Coporation Of India Through Its General Manager, Office At Mowa Raipur C.G. --- Respondent(s) WPC No. 919 of 2025 1 - M/s Noori Rice Mill Near Rest House Main Road Mainpur Now District Gariyaband Through Its Operator / Controller Abdul Kadir Aged About 30 Years S/o Vali Mohammed R/o H.No. 185 Ward No. 7 Main Road Mainpur Gariyaband District - Gariyaband (C.G.) 2 - Abdul Kadir S/o Vali Mohammed Aged About 30 Years R/o H.No. 158 Ward No. 7 Main Road Mainpur Gariyaband District - 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 (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar Nawa Raipur District - Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited Gariyaband District - Gariyaband (C.G.) 5 - Collector (Food Department ) Gariyaband District - Gariyaband (C.G.) 4 / 7 6 - District Marketing Officer Chhattisgarh State Co- Operative Marketing Fedration Maryadit Gariyaband District - Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Office At Mowa Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Ms. Katyayani Vishnupriya, Advocate on behalf of Mr. Raza Ali, Advocate For Respondents/ UOI : Ms. Annapurna Tiwari, Central Govt. Counsel For Respondents/ State : Mr. Satish Gupta, G.A. For Respondents/Mark. Fed. : Mr. Shreyansh Mehta, Advocate For Respondents/FCI : Mr. R.S. Patel and Mr. Ashish Sahu, Advocates (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 14/02/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this 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 appearing for the petitioners by referring the communication dated 23/01/2025 issued by the Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, 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:- 5 / 7 No. 3(7)/2023 023-Py.I-Part(1) (386071) Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution …….. 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 Raipur-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 approval of the 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, 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 faithfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 6 / 7 4. Learned counsel for the petitioners submits that the writ petitions may be disposed off with a direction to the respondents to accept the custom milling rice for KMS 2023-24 (Kharif crop) subject to joint physical verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23/01/2025. 5. Learned counsel appearing for the State are not opposing the communication issued by the Government Of India dated 23/01/2025. 6. Learned counsel appearing for MARKFED as well as the Food Corporation of India submit that on verification made by the authorities, shortage was found in all the rice mills, hence the present circular which has been referred by the learned counsel for the petitioners will not be applicable. 7. I have heard learned counsel for the parties and perused the communication dated 23/01/2025. 8. 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 physical 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. 7 / 7 9. With the aforesaid observation, these petitions stand disposed of. SD/- (BIBHU DATTA GURU) JUDGE Amardeep