DEEPAK KUMAR SINGH BANAFAR v. STATE OF CHHATTISGARH
WPC/2025/2026 · 2026-05-11
Shri Amitendra Kishore Prasad
body2026
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[ 2026 DAILYLAW 19005 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19005 (CHH) · dailylaw.ai ]
Judgment text
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1
2026:CGHC:22358
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2008 of 2026 1 - Bhupendra Singh Kshatriya S/o Late Ram Singh Kshatriya Aged About 56 Years Occupation- In-Charge Society Manager Lempus, Khodri Registration No. 3083 R/o Village- Khodri Tahsil- Pendra Raod District- Gaurela - Pendra- Marwahi (C.G.)
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Co- Operative Department Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District- Raipur (C.G.) 2 - The Registrar Chhattisgarh Co- Operative Society Indrawati Bhawan Atal Nagar, Nawa Raipur District- Raipur (C.G.) 3 - Managing Director Marketing Federation Chhattisgarh Nawa Raipur District- Raipur (C.G.) 4 - District Marketing Officer Gaurela District- Gaurela-Pendra- Marwahi (C.G.) 5 - Collector Gaurela District- Gaurela-Pendra-Marwahi (C.G.) 6 - Asstt Commissioner / Asstt Registrar Co- Operative Society Gaurela District- Gaurela -Pendra-Marwahi (C.G.) 7 - Nodal Officer District Co- Operative Central Bank Limited Pendra, District- Gaurela- Pendra-Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District- Raipur (C.G.)
--- Respondent(s) WPC No. 2024 of 2026 1 - Sesh Narayan Dubey S/o Late Shri Gokul Prasad Dubey Aged About 53 Years Occupation In-Charge, Paddy Procurement Centre, Parasi, Adim Jati Seva Sahkari Samiti, Seoni, Registration No. 3074, R/o Village - Seoni, Tahsil - Marwahi, District Gaurela-Pendra-Marwahi Chhattisgarh
---Petitioner(s) Versus AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.14 10:28:47 +0530
2 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - The Registrar Chhattisgarh Co-Operative Society Indrawati Bhawan Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - Managing Director Marketing Federation, Chhattisgarh Nawa Raipur, District Raipur Chhattisgarh 4 - District Marketing Officer Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh 5 - Collector, Gaurela District Gaurela-Pendra-Marwahi Chhattisgarh 6 - Asst. Commissioner/ Asstt.
Commissioner/ Asstt. Registrar Co-Operative Society, Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh 7 - Nodal Officer District Co-Operative Central Bank Limited, Pendra, District Gaurela- Pendra-Marwahi Chhattisgarh 8 - Managing Director Apex Bank Raipur District Raipur Chhattisgarh
--- Respondent(s) WPC No. 2025 of 2026 1 - Deepak Kumar Singh Banafar S/o Shri Birbal Singh Banafar Aged About 45 Years Occupation- In-Charge, Society Manager, Adim Jati Seva Sahkari Samiti, Marwahi, Registration No. 3073, R/o Village- Marwahi, Tahsil- Marwahi, District- Gaurela-Pendra- Marwahi (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Registrar Chhattisgarh Co-Operative Society Indra Wati Bhawan Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Managing Director Marketing Federation, Chhattisgarh, Nawa Raipur, District- Raipur (C.G.) 4 - District Marketing Officer Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 5 - Collector Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 6 - Asstt. Commissioner/ Asstt. Registrar Co-Operative Society, Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 7 - Nodal Officer District Co-Operative Central Bank Limited, Pendra, District- Gaurela- Pendra-Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District- Raipur (C.G.)
--- Respondent(s)
3 WPC No. 2028 of 2026 1 - Sundar Singh Paikra S/o Shri Raghuwar Singh Aged About 69 Years Occupation - In-Charge, Society Manager, Adim Jati Sewa Sahkari Samiti, Kodgar, Registration No. 3082, Paddy Procurement Centre, Basti, R/o Village- Basti, Tahsil- Pendra Road, District- Gaurela-Pendra-Marwahi (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District- Raipur (C.G.) 2 - The Registrar Chhattisgarh Co-Operative Society Indrawati Bhawan, Atal Nagar Nawa Raipur, District- Raipur (C.G.) 3 - Managing Director Marketing Federation, Chhattisgarh, Nawa Raipur, District- Raipur (C.G.) 4 - District Marketing Officer Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 5 - Collector, Gaurela District- Gaurela-Pendra-Marwahi (C.G.) 6 - Asstt. Commissioner / Asstt.
Commissioner / Asstt. Registrar Co-Operative Society, Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 7 - Nodal Officer District Co-Operative Central Bank Limited, Pendra, District- Gaurela- Pendra-Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District - Raipur (C.G.)
--- Respondent(s) WPC No. 2030 of 2026 1 - Prahlad Nath S/o Shri Bani Ram Aged About 57 Years Occupation- In-Charge, Manager, Adim Jati Seva Sahkari Samiti, Marwahi, Registration No. 3073, Paddy Procurement Centre, Tendumuda, R/o Village- Marwahi, Tahsil- Marwahi, District- Gaurela-Pendra-Marwahi (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Registrar Chhattisgarh Co-Operative Society Indra Wati Bhawan Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Managing Director Marketing Federation, Chhattisgarh, Nawa Raipur, District- Raipur (C.G.) 4 - District Marketing Officer Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 5 - Collector Gaurela, District- Gaurela-Pendra-Marwahi (C.G.)
4 6 - Asstt. Commissioner/ Asstt. Registrar Co-Operative Society, Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) 7 - Nodal Officer District Co-Operative Central Bank Limited, Pendra, District- Gaurela- Pendra-Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District- Raipur (C.G.)
--- Respondent(s) WPC No. 2034 of 2026 1 - Mohan Lal Maravi S/o Late Bhawar Singh Maravi Aged About 37 Years Occupation -In -Charge, Paddy Procurement Centre Bansital, Adim Jati Seva Sahkari Samiti Bharridand Registration No.3076, R/o Village -Pendra Road, District -Gaurela-Pendra- Marwahi (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co -Operative Department, Mantralaya, Mahanadi Bhawan Atal Nagar Nawa Raipur District -Raipur (C.G.) 2 - The Registrar Chhattigarh Co -Operative Society Indra Wati Bhawan Atal Nagar, Nawa Raipur District -Raipur (C.G.) 3 - Managing Director Marketing Federation, Chhattisgarh Nawa Raipur District -Raipur (C.G.) 4 - District Marketing Officer, Gagurela District -Gaurela-Pendra -Marwahi (C.G.) 5 - Collector Gaurela District -Gaurela -Pendra -Marwahi (C.G.) 6 - Asstt.Commissioner Asstt.
Registrar, Co-Operative Society Gaurela, District - Gaurela Pendra Marwahi (C.G.) 7 - Nodal Officer District Co- Operative Central Bank Limited Pendra District Gaurela - Pendra -Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District -Raipur (C.G.)
--- Respondent(s) WPC No. 2032 of 2026 1 - Bhupendra Singh Kshatriya S/o- Late Ram Singh Kshatriya Aged About 56 Years In Charge, Paddy Procurement Centre, Jogisar, L E M P U S, Khodri, Registration No. 3083,r/o-Village-Khodri, Tahsil- Pendra Road, District- Gaurela- Pendra- Marwahi (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co- Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)
5 2 - The Registrar Chhattisgarh, Co-Operative Society Indra Wati Bhawan Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Managing Director, Marketing Fedration, Chhattisgarh, Nawa Raipur, District- Raipur (C.G.) 4 - District Marketing Officer, Gaurela, District- Gaurela- Pendra- Marwahi (C.G.) 5 - Collector Gaurela, District- Gaurela- Pendra- Marwahi (C.G.) 6 - Asstt. Commissioner/asstt. Registrar, Co-Operative Society, Gaurela, District- Gaurela- Pendra- Marwahi (C.G.) 7 - Nodal Officer, District Co- Operative Central Bank Limited, Pendra, District- Gaurela- Pendra- Marwahi (C.G.) 8 - Managing Director Apex Bank Raipur District- Raipur (C.G.)
--- Respondent(s) WPC No. 2027 of 2026 1 - Ravinsh Kumar Jaiswal S/o Shri Pramod Kumar Jaiswal Aged About 38 Years Occupation - In-Charge Society Manager, L E M P U S, Seoni, Registration No. 3074 R/o Village Seoni, Tahsil - Marwahi, District Gaurela-Pendra-Marwahi Chhattisgarh
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - The Registrar Chhattisgarh Co-Operative Society Indrawati Bhawan Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - Managing Director Marketing Federation, Chhattisgarh Nawa Raipur, District Raipur Chhattisgarh 4 - District Marketing Officer Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh 5 - Collector, Gaurela District Gaurela-Pendra-Marwahi Chhattisgarh 6 - Asst. Commissioner/ Asstt. Registrar Co-Operative Society, Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh 7 - Nodal Officer District Co-Operative Central Bank Limited, Pendra, District Gaurela- Pendra-Marwahi Chhattisgarh 8 - Managing Director Apex Bank Raipur District Raipur Chhattisgarh
--- Respondent(s)
6 For Petitioner(s) : Shri Ramakant Pandey, Advocate. For State/Res : Ms. Anusha Naik, Dy GA. For Respondent- MARKFED : Shri Siddharth Pandey, Advocate. For Respondent Nos.7 & 8 : Shri Aniruddh Shrivastava, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
12/05/2026
1. Since the issue involved in all these writ petitions is one and the same, the writ petitions have been clubbed together and are being disposed of by this common
order. 2. The present writ petitions under Article 226 of the Constitution of India has been filed by the petitioner–Society seeking a direction to the respondents, particularly Respondent (MARKFED), for lifting of procured paddy stock pertaining to Kharif Marketing Year 2025–26, which is lying at the procurement centre despite expiry of the stipulated period, and for protection against losses arising out of such non-lifting. 3. For the purposes of disposal, facts pleaded in WPC No.2008 of 2026 are referred to. It has been pleaded that respondent authority has not lifted the paddy from the Lempus, Khodri, Registration No. 3083 as per the terms and guidelines issued by the State of Chhattisgarh and also not provided the proper facility to keep the paddy safe. As per the agreement and as per the guidelines of the State of Chhattisgarh, the complete purchased paddy shall be lifted and transported from the procurement center within two and half months from the last date of purchase i.e. 31.01.2026 and more than the buffer stock fixed by the State of Chhattisgarh will be lifted immediately when the stock has crossed the buffer limit, but in the present case the center has been closed for purchasing
7 the paddy on 31.01.2026 and more than two and half month has been lapsed but till date the paddy has not been lifted from the petitioner's society. Substantial quantity of paddy is lying in the procurement center. No lifting of the paddy will cause very great loss as the weather is changing. 4. Learned counsel for the petitioner submits that the petitioner has fulfilled its obligation of procurement strictly in accordance with policy and agreement. However, Respondent – MARKFED has failed to lift the paddy within the stipulated time. It is contended that such inaction is arbitrary and results in serious prejudice to the petitioner, including risk of shrinkage, damage and audit liability. It is further submitted that the responsibility for lifting and transportation squarely lies upon MARKFED and the petitioner cannot be made liable for consequences arising out of delay. 5. In reply to the same, learned counsel for the respondent MARKFED submits that most of the paddy has already been lifted and the rest of the paddy left in the concerned paddy centres are also going to be lifted within a short span of time preferably within 15-16 days.
He submits that in WPC No.2008/2026, 14.00 quintal, in WPC No.2024/2026, 1066.47 quintal, in WPC No.2025/2026, 2616 quintal, in WPC No.2027/2026, 3565.26 quintal, in WPC No.2028/2026, 211.30 quintal, in WPC No.2030 of 2026, 4626 quintal, in WPC No.2032 of 2026, 1123.65 quintal, in WPC No.2034 of 2026, 722 quintals remains to be lifted. 6. Learned State counsel submits that the State authorities are monitoring the procurement operations and necessary steps have been taken to ensure lifting of paddy stock. It is submitted that the issue is largely operational and is being addressed at the level of MARKFED. 8
7. Having considered the submissions of learned counsel for the parties and on perusal of the record, it appears that the grievance of the petitioner pertains to non-lifting/delayed lifting of procured paddy stock. From the submissions made by Respondent – MARKFED, it is evident that substantial lifting is in progress. It has also been stated that about 98.41% of the stock has already been lifted from the concerned centre. In view of the aforesaid, this Court is of the opinion that the grievance of the petitioner substantially stands addressed, however, appropriate directions are required to ensure completion of the process. 8. Accordingly, considering the aforesaid aspects of the matter, the present writ petition is disposed of with the directions that the Respondent (MARKFED) is
directed to ensure lifting of the paddy stock of the petitioner which is found to be in terms of the agreement, expeditiously and without unnecessary delay. It is expected that the remaining quantity, as indicated, shall be lifted in continuation of the ongoing process, preferably within a reasonable period. So far as the paddy which has allegedly become dry is concerned, the competent authority shall take an appropriate decision in accordance with policy and agreement.
9. If the petitioner still has any surviving grievance, they shall be at liberty to file an appropriate representation/application before the competent authority, which shall be considered and decided in accordance with law. 10.With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/-
(Amitendra Kishore Prasad) Judge Avinash