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2026 DAILYLAW 12619 (CHH)

SHANTILAL LAHARE v. STATE OF CHHATTISGARH

WPC/809/2026 · 2026-02-23

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:9575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 809 of 2026 Shantilal Lahare S/o Panchram Lahare Aged About 57 Years R/o Ward No. 17, Village And Post - Khaija, District Janjgir-Champa Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - The Collector Janjgir, District - Janjgir-Champa Chhattisgarh 3 - The Secretory Ministry Of Consumer Affairs, Food And Public Distribution, Mantralaya, Naya Raipur, Distt - Raipur Chhattisgarh 4 - The Deputy Registrar Co-Operative Societies, Janjgir, District – Janjgir-Champa Chhattisgarh 5 - The Secretary Krishi Upaj Mandi Samiti, Naila, District – Janjgir-Champa Chhattisgarh 6 - The Nodal Officer-Cum-Senior Agriculture Development Officer Office Balauda, District - Janjgir-Champa Chhattisgarh 7 - The Society Manager Seva Sahkari Samiti Maryadit, Khaija, Procurement Center, Khaija, District - Janjgir-Champa Chhattisgarh ... Respondents For Petitioner : Mr. Keshav Dewangan, Advocate For Respondents/State : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24.02.2026 1. The petitioner has preferred this petition under Article 226 of the Constitution of India, seeking following relief(s):- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.25 10:34:25 +0530 2 “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ, direction, order directing the concerned respondent authorities to consider the applications regarding the purchasing of paddy of petitioner as per government policy and to initiate the enquiry against the culprit person. 10.3 That, this Hon'ble Court may kindly be pleased to direct the concerned respondent authorities to direct the respondent No.6/responsible person to pay the amount of 122 quintal of paddy as per government rate with interest. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief/reliefs in favour of the petitioner, which the Hon’ble court deemed fit & just in the facts and circumstances of the case. 2. Learned counsel for the petitioner submits that a token (Annexure-P/2) was issued by respondent No.7 in favour of the petitioner for sale of 307 katti (bag of paddy of 40 kg each) for the procurement year 2025-26. Out of the said quantity, the petitioner deposited 297 katti, of which 101 katti (40.4 quintals) were purchased by respondent No.7. However, remaining 196 katti were not purchased and the same were seized by respondent No.6 on the ground that the said paddy had been obtained by the petitioner illegally as 196 katti bore the printed marking “CG Rajya Sahkari Vipanan Sangh Maryadit 2024-25.” Learned counsel further submits that since the token has already been issued by respondent No.7 for the sale of 122.80 quintals of paddy and the petitioner also deposited paddy, though he deposited lesser quantity, therefore, paddy of 196 katti ought not to have been seized on the allegation that it was illegally obtained by the petitioner. Learned counsel further submits that vide Annexure-P/4, the Secretary, Krishi Upaj Mandi 3 Samiti, Naila, Distt. Janjgir-Champa/respondent No.5 has also made communication to respondent No.6 that 196 katti of paddy of the petitioner was not illegal paddy obtained by him. Therefore, learned counsel submits that this petition may be disposed of directing respondent No.7 to purchase 196 katti of paddy from the petitioner in the light of token (Annexure-P/2) issued in his favour. 3. Learned counsel for the State submits that appropriate order may be passed in the light of documents filed by the petitioner. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Undisputedly, token (Annexure-P/2) was issued in favour of the petitioner for the sale of 122.80 quintals of paddy for the procurement year 2025-26. Pursuant thereto, the petitioner deposited 297 katti paddy, out of which 101 katti paddy were purchased, but the remaining 196 katti were seized/declined for purchase solely on the ground that “CG Rajya Sahkari Vipanan Sangh Maryadit 2024-25” was printed on the katti. Since the token has been issued in favour of the petitioner for sale of 122.80 quintals of paddy and the total paddy deposited i.e. 297 katti was less in terms of weight, as it was contended by learned counsel that each katti contains 40 kg paddy, thus, total quantity of paddy deposited by the petitioner, i.e. 297 katti was within the token limit. Merely because 196 katti bore the printed marking of “CG Rajya Sahkari Vipanan Sangh Maryadit 2024–25,” it cannot be held that the paddy contained therein was illegally obtained. This view is further supported by the communication dated 24.01.2026 (Annexure P/4) issued by the Secretary, Krishi Upaj Mandi Samiti, Naila, District Janjgir-Champa (Respondent No. 5) to respondent No.6. 4 6. Accordingly, this petition is allowed. Respondent No.7 is directed to purchase 196 katti of paddy from the petitioner, on the basis of token (Annexure-P/2), within 30 days from the date of receipt of a copy of this order, after complying with the necessary procedures. 7. With aforesaid observation and direction, this petition stands allowed. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini