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High Court of Chhattisgarh · body

2025 DAILYLAW 9577 (CHH)

MOHAMMAD ZIYA ULL HAQ v. UNION OF INDIA

WPC/935/2025 · 2025-02-18

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:8288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 935 of 2025 1 - Mohammad Ziya Ull Haq S/o- Mohammad Salim Aged About 30 Years (Proprietor - M/s M.J. Food Product), Business Address - Kh 369/1, P.H.No. 29, Gram Panchayat Ranka, Dongargarh, Dist- Rajnandgaon (C.G.) R/o- Kalkapara Ward No.09, Dongargarh, Dist- Rajnandgaon (C.G.) --- Petitioner(s) versus 1 - Union Of India Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District - Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.19 16:19:43 +0530 2 4 - C.G. State Civil Supplies Corporation Limited, Rajnandgaon Dist- Rajnandgaon (C.G.) 5 - Collector (Food Department) Rajnandgaon Dist- Rajnandgaon (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon Dist- Rajnandgaon (C.G.) 7 - Bank Of Maharashtra Through Bank Manager Branch- Rajnandgaon (C.G.) 8 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 968 of 2025 1 - Piyush Kumar Baid (Proprietor Jinkushal Rice Mill) S/o Tilok Chand Baid Aged About 44 Years Firms Address- Kh. No.515/20, Basantpur Road, Kaurin Bhata, District- Rajnandgaon ( C.G. ). ---Petitioner(s) Versus 3 1 - Union Of India Through- Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, Krishi Bhawan, New Delhi. 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar District- Raipur ( C.G. ). 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt- Raipur ( C.G. ). 4 - C.G. Stat Civil Supplies Corporation Limited Rajnandgaon, District- Rajnandgaon ( C.G. ). 5 - Collector ( Food Department ), Rajnandgaon, District- Rajnandgaon ( C.G. ). 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon, District- Rajnandgaon ( C.G. ). 7 - State Bank Of India Through- Branch Manager, Branch- Bhilai, Sector-1 Bhilai District- Durg ( C.G. ). 8 - Food Corporation Of India (Fci ), Rigional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur ( C.G. ). --- Respondent(s) 4 WPC No. 972 of 2025 1 - Mahavir Golchha (Director - Sheetal Traders) S/o Late. Shri. P.C. Golchha Aged About 50 Years Firm's Address- Village - Malpuri, Tahsil- Rajnandgaon, District- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - Union Of India Through- Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, Krishi Bhawan New Delhi. 2 - State Of Chhattisgarh Through- Secretary Department Of Food,civil Supplies And Consumer Protection, Mahandi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt.- Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited, Rajnandgaon, District- Rajnandgaon (C.G.) 5 - Collector (Food Department) Rajnandgaon, District- Rajnandgaon (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon, District- Rajnandgaon (C.G.) 5 7 - Hdfc Bank Through- Branch Manager, Branch - Rajnandgaon (C.G.) 8 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 976 of 2025 1 - Vikas Agrawal S/o Nathulal Agrawal Aged About 51 Years (Proprietor Vikas Traders Firms Address And R/o Lakoli Road Ward No. 36 District - Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - Union Of India Through Deputy Secretary Ministry Of Consumer Affairs Food And Public Distrubution Department Of Food And Public Distribution Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Secretary Department Of Food Civil Suppies And Consumer Protection Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District - Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit Atal Nagar Naya Raipur District - Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited Rajnandgoan District - Rajnandgoan (C.G.) 6 5 - Collector (Food Department Rajnandgoan District - Rajnandgaon (C.G.) 6 - District Marketing Office Department Of Food Civil Supplies And Consumer Protection Rajnandgoan District - Rajnandgaon (C.G.) 7 - State Bank Of India Sme Through Branch Manager Branch Ganj Line Rajnandgaon District - Rajnandgoan (C.G.) 8 - Food Corporation Of India (Fci) Regional Office Mova Vidhan Sabha Marg Raipur District - Raipur (C.G.) --- Respondent(s) WPC No. 986 of 2025 1 - Aarti Chhajed (Partner Manidhari Rice Industries) W/o- Rajesh Chhajed, Aged- 50 Years, Firm's Address- 01, Village- Chitoud, Tahsil- Garur, District- Balod (C.G.) ---Petitioner(s) Versus 1 - Union Of India Through- Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, Krishi Bhawan New Delhi 7 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (C.G.) 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited, Balod, District- Balod (C.G.) 5 - Collector (Food Department) Balod, District- Balod (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Balod, District- Balod (C.G.) 7 - Axis Bank Limited Through Branch Manager, Branch- Dhamtari (C.G.) 8 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 989 of 2025 1 - Shikhar Chand Baid (Partner Janta Industries ) S/o- Ashok Chand Baid, Aged 48 Years, Firm's Address- 344/06, Dongargaon Road, 8 District- Rajnandgaon (C.G.). R/o- Ashok Vatika, Ward No. 36, Bharat Mata Chowk, District- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - Union Of India Through Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, Krishi Bhawan New Delhi. 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District - Raipur (C.G.). 3 - Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.). 4 - C.G. State Civil Supplies Corporation Limited Rajnandgaon, District- Rajnandgaon (C.G.). 5 - Collector (Food Department) Rajnandgaon, District- Rajnandgaon (C.G.). 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon, District- Rajnandgaon (C.G.). 9 7 - Hdfc Bank Through- Branch Manager, Branch- Rajnandgaon, District- Rajnandgaon (C.G.). 8 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.). --- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Akhtar Hussain, Advocate. For Union of India Shri Tushar Dhar Diwan, Advocate. For Respondents/State : Shri R.K. Gupta, Addl. Advocate General, Shri Praveen Das, Dy. Advocate General, Ms. Upasana Mehta, Dy. Govt. Advocate and Ms. Anuja Sharma and Shri khulesh Sahu, Panel Lawyers For Respondent no. 6/Markfed : Shri Vikram Sharma, and Shri Shreyansh Mehta, Advocate. For Respondents/FCI : Shri R.S. Patel, Advocate. Fo Bank of Maharasthra and SBI : Shri, Kaustubh Singh Thakur Advocate appears on behalf of Shri Sourabh Mishra and Shri Sharad Mishra, Advocates. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 18.02.2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. For the sake of convenience, the facts of WPC No. 935/2025 are taken into consideration. 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 10 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:- 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. 11 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 4. Learned counsel for the petitioners submits that the writ petitions may be disposed of 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 Food Corporation of India, MARKFED and State submit 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 documents. 12 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 physical verification of the balanced paddy by the State government, Food Corporation of India and MARKFED within a period of seven days from the date of receipt of a copy of this order, in accordance with communication dated 23/01/2025 issued by the Government of India. 8. With the aforesaid observation, these petitions stand disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib