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2026 DAILYLAW 12065 (CHH)

GOKUL RAM SAHU v. UNION OF INDIA

WPC/694/2026 · 2026-02-16

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:8436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 694 of 2026 Gokul Ram Sahu S/o Late Johan Ram Aged About 75 Years Village- Lakhanpuri, Tehsil- Charama, District- North Bastar, Kanker (C.G.) ... Petitioner 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 Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited Kanker, District- Kanker (C.G.) 5 - Collector (Food Department) Kanker, District- Kanker (C.G.) 6 - District Marketing Officer Chhattisgarh State Cooperative Marketing Federation Limited, Kanker, Distt. Kanker (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) 8 - Union Bank Of India Through Branch Manager, Branch Office Kanker, District- Kanker (C.G.) 9 - Bank Of Maharashtra Through Branch Manager, Branch Office Kanker, District- Kanker (C.G.) ... Respondents For Petitioner : Mr. Nitesh Jain, Advocate For Respondent No.1/UOI : Mr. Rishabh Dev Singh, Adv. on behalf of Mr. RK Mishra, Dy. SGI For Respondents 2&5/ State : Mr. Soumitra Kesharwani, Panel Lawyer BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.18 10:57:22 +0530 2 For Respondents 3 & 6 : Mr. Siddharth Pandey, Advocate For Respondent No.7 : Mr. RS Patel, Advocate For Respondent No.8 : Mr. Sudhanshu Upadhyay, Adv. on behalf of Mr. Sharad Mishra, Advocate For Respondent No.9 : Mr. Anumeh Shrivastava, Adv. through VC and Mr. Jayed Ziya Ali, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 17.02.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the balance of FCI Arwa custom milled rice (CMR) of 1510.028 quintals of Kharif year KMS 2023-24) which the petitioner has always been ready and willing to deposit and the petitioner be allowed to pay the shortage found in Physical Verification amounting to 6013.652 quintals of Custom Milling Rice through Bill. 10.2 That Hon'ble Court may further direct the concerned respondents not to take any type of action against the petitioner's firm with regard to recovery of amount of balance CMR from the FDR/ Bank guarantee/PDC given by the petitioner as security against the agreement of custom milling of rice for year 2023-24 as the petitioner has already given consent for recovery of 6013.652 quintals of Custom Milling Rice through Bill which was found short in Physical Verification. 10.3 That this Hon'ble Court May kindly be pleased to direct the respondent concerned to grant stake in favor of the petitioner and may direct the NIC to open the wing (ID) (if not already opened), FCI portal so that remaining amount of CMR i.e. 1510.028 quintals of FCI Arwa custom milled rice of KMS 2023-24 can be deposited efficiently. 10.4 That, the Hon'ble may kindly be pleased to direct respondent no. 6 to modify the quantity of Shortage in CMR 3 from 7523.68 quintals to 6013.652 quintals for KMS 2023-24 with respect to petitioner as 6013.652 quintals was the actual shortage which was found in Physical Verification. 10.5 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit and just in the facts and circumstances of the case. 10.6 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit and just in the facts and circumstances of the case. 2. Learned counsel for the petitioner submits that earlier, respondent No.3 declined to permit the petitioner to deposit Custom Milled Rice for the Kharif Marketing Year 2023-24 on the ground that, upon inspection of the rice mill of the petitioner, a shortage of 6013.652 quintals of rice was found. Consequently, the petitioner filed a writ petition bearing WPC No. 3157/2025 (Gokul Ram Sahu vs. Union of India & Ors.). Similar petitions were also filed by various other millers bearing WPC No.3104/2025 & Other connected matters. The said bunch of petitions, including the petition of the petitioner, was disposed of by the Coordinate Bench with a direction that the balance Custom Milled Rice (CMR) be allowed to be deposited by the petitioner/petitioners. Thereafter respondent No.3 again issued letter/order dated 29.01.2026 (Annexure-P/12), directing the petitioner to deposit a sum of Rs.27665022.78 against shortage of 7523.68 quintal rice including 1510.028 quintals, which is contrary to the order dated 25.6.2025 passed by the Coordinate Bench in a bunch of writ petitions bearing WPC No.3104/2025 & other connected matters. Hence, it is prayed that this petition may be admitted for hearing. 4 3. Per contra, learned counsel for respondent No.7 submits that, if the petitioner has any grievance against letter/order dated 29.01.2026 (Annexure-P/12) passed by respondent No.6, it may raise the same before the District Collector under Clause 14.1 of the agreement dated 04.01.2024 (Annexure-P/3), hence, this petition is not maintainable. 4. Perusal of the Order dated 25.6.2025 passed in aforementioned bunch of writ petitions shows that respondent Mark-Fed was directed to allow the petitioner to deposit balance Custom Milled Rice (CMR) by 30.6.2025, subject to relevant correspondence. Para 8, 9 & 10 of the said order is reproduced as under:- “8. Considering facts of the case, pleadings made in the writ petitions, submissions of counsel for the respective parties, further the fact that notiication was issued on 29.05.2025 and last date for depositing the CMR is extended upto 30.06.2025, as such, without entering into the merits of the case, it is directed that the balance Custom Milled Rice (CMR) be allowed to be deposited by the petitioners on 30.06.2025, subject to abovementioned correspondence and veriication of the quantity and quality of the rice and shortage if any etc. If the online portal is not opened, it may be opened so that the petitioners may deposit the rice. 9. The respondents are directed to inform the respondent – Mark-Fed and other concerned authorities to comply the above order urgently. 10. With the aforesaid observations and directions, above writ petitions are disposed of.” 5. Thus, necessary directions have already been given by the Coordinate Bench in the aforementioned bunch of writ petitions. If the respondents are violating the said order, then the petitioner may avail appropriate remedy available to it under the law. 5 6. Having considered the aforesaid facts and circumstances of the case, this Court is not inclined to entertain this writ petition and the same is accordingly dismissed. 7. However, if any grievance still remains with the petitioner, it may raise the same before concerned Collector under Clause 14.1 of the agreement dated 04.01.2023 (Annexure-P/3). In the event of raising any grievance by the petitioner before the Collector, the concerned Collector is directed to decide the issue expeditiously. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini