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2026 DAILYLAW 10117 (CHH)

GRAMIN SEVA SAHKARI SAMITI MARYADIT LACHKERA v. STATE OF CHHATTISGARH

WPC/1934/2026 · 2026-05-03

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:20621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1934 of 2026 1 - Gramin Seva Sahkari Samiti Maryadit Lachkera Registration No. 994, A Society Registered Under The Chhattisgarh Co-Operative Societies Act, 1960 And Having Its Registered Address At Lachkera, District - Gariyaband, Chhattisgarh Through Its Manager Shri Bhupendra Kumar Sahu, S/o Krishna Lal Sahu Age 38 Years, R/o House No. 31, Sonsilli, Jamgaon, Dist. Gariyaband Pin 493992 C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.). 2 - District Marketing Officer Chhattisgarh State Coperative Marketing Federation Ltd. (Cg Markfed), Gariyaband, Behind Sbi, Near Tehsil, District Gariyaband, Chhattisgarh. 3 - Chief Executive Officer Jila Sahakari Kendriya Bank Maryadit Raipur, G.E. Road, Rajbandha Maidan, Raipur, Pin 492001 Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 4 - Nodal Officer Dist. Gariyaband Jila Sahakari Kendriya Bank Maryadit Raipur, G.E. Road, Rajbandha Maidan, Raipur, Pin - 492001 Chhattisgarh. 5 - Collector District Gariyaband, Chhattisgarh District Collectorate Office Gariyaband, Chhattisgarh 493889. ... Respondent(s) For Petitioner(s) : Mr. Sudip Mallick, Advocate. For Respondent(s)/State : Mr. Anand Dadariya, Dy. A.G. For Respondent No. 2 : Mr. Harshal Chouhan, Advocate. For Respondents No. 3 & 4 : Ms. Seema Verma, Advocate on behalf of Mr. Jitendra Shrivastava, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04/05/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “A) This Hon'ble Court may be pleased to issue a writ, order or direction in the nature of Mandamus, directing Respondent No. 2 and other concerned Respondents to immediately lift the entire procured paddy stock lying at the Petitioner's procurement centre within a fixed time- bound period; B) Direct the Respondents to immediately lift the remaining paddy stock lying at the Petitioner's procurement centre and to discharge their policy 3 obligations of timely lifting, which have been breached despite expiry of the stipulated period on 31.03.2026; C) Direct that any loss, damage, deterioration, shrinkage or any adverse consequences, including any legal or administrative action arising due to delayed, slow or untimely lifting of paddy, shall be borne by the State/concerned Respondents and shall not be fastened upon the Petitioner Society or its Manager. D) Grant any other relief that this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Brief facts of the case, is that, the present writ petition has been filed by Gramin Seva Sahkari Samiti Maryadit Lachkera, a duly registered Primary Agricultural Cooperative Society, seeking urgent and appropriate directions for the lifting of procured paddy stock under the State Paddy Procurement Scheme for the Kharif Marketing Year 2025–2026, it is submitted that the petitioner has duly completed procurement in accordance with the prescribed policy guidelines, however, owing to the failure of the respondent authorities to lift the procured stock within the stipulated deadline of 31.03.2026, a substantial quantity of paddy still remains un- lifted at the procurement centre, it is further submitted that despite making repeated representations and requests to the concerned authorities, no effective or timely action has been taken in this regard; that the continued retention of such stock beyond the prescribed timeline has resulted in serious operational difficulties, 4 financial burden, and potential risks of damage, deterioration, and loss, thereby causing grave prejudice to the petitioner; and therefore, in these circumstances, the petitioner has approached this Hon’ble Court seeking immediate directions to the respondent authorities for lifting of the paddy stock and for protection against any consequential liabilities or losses arising due to such inaction. 3. 3. Learned counsel appearing for respondent No. 3 submits that, insofar as the lifting of paddy is concerned, the entire stock has already been lifted from the procurement centre; however, it is further submitted that a deficit of paddy has been detected, and proceedings are presently underway to ascertain responsibility and to fasten liability upon the concerned persons in accordance with law; it is contended that, since the matter is currently under investigation, no further directions can be issued at this stage, and in view of the subsequent developments, the relief sought by the petitioner does not survive, rendering the present petition infructuous. 4. At this stage, learned counsel for the petitioner submits that, insofar as the relief relating to lifting of paddy is concerned, the same has already been fulfilled as the entire stock has been lifted; however, with regard to relief No. C, it is submitted that since an enquiry is presently underway, no definitive conclusion can be drawn at this stage as to whether the petitioner is liable or otherwise, and therefore the said issue may be considered in accordance with law upon completion of the enquiry. 5 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further considering the fact that the writ petition is disposed of as having become infructuous, however, it is clarified that in the event any future exigency arises in relation to the alleged shortage of paddy, or if any liability is sought to be fastened upon the petitioner or any concerned authority, the petitioner shall be at liberty to avail appropriate remedies and institute proceedings in accordance with law. 7. The concerned authorities are also directed to investigate the matter in accordance with tripartite agreement between the parties. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat