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2026 DAILYLAW 22545 (CHH)

NITIN SETH v. STATE OF CHHATTISGARH

WPC/2916/2026 · 2026-06-18

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:24881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2916 of 2026 1 - Nitin Seth S/o Naresh Seth Aged About 31 Years Working As Society Manager At Primary Agricultural Credit Cooperative Society, Kotdwari, Paddy Procurement Centre Baloda, Reg. No. 1259, Branch Toresinha, District Mahasamund, Cg, R/o Village And Post Baloda, Tahsil Saraipali, District Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Managing Director, Chhattisgarh State Cooperative Marketing Federation Limited, 6th Floor, Tower- C, Commercial Complex C B D, Sector 21, Atal Nagar, Nawa Raipur, Raipur, District Raipur, Chhattisgarh 3 - The Collector Mahasamund, District Mahasamund, Chhattisgarh 4 - The District Marketing Officer Mahasamund, District Mahasamund, Chhattisgarh 5 - The Assistant Registrar, Cooperative Society, Mahasamund,district Mahasamund, Chhattisgarh 6 - Chief Executive Officer, District Cooperative Central Bank Maryadit, Mahasamund, District Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Sanjay Patel, Advocate. For State : Dr. Saurabh Kumar Pandey, Dy AG. For Respondent- MARKFED : Shri Siddharth Pandey, Advocate. For Respondent No.6 : Shri Khilendra Sahu appears on behalf of Shri SS Baghel, Advocates. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.06.22 10:53:36 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/06/2026 1. This Writ Petition has been filed for issuance of direction to respondents to consider and decide the representation of the petitioner dated 27.04.2026 (Annexure P/2) which has been moved to the effect that the loss incurred during the paddy procurement in the Cooperative Society Baloda in the Kharif year 2025-26 may kindly be compensated. 2. The petitioner is the society manager of the registered Primary Agricultural Credit Cooperative Society engaged in procurement of paddy under the Kharif Marketing Year 2025-26 Procurement Policy. The petitioner procured 69,200 quintals of paddy from registered farmers; however, despite repeated representations dated 19.12.2025, 15.01.2026, 16.01.2026 and 10.02.2026 informing the respondents that the buffer limit had been exceeded and seeking immediate lifting of stock, the respondents failed to ensure timely transportation as required under Clause 15.8 of the Procurement Policy. Due to prolonged storage, moisture loss resulted in weight variation and a shortage of 2229.87 quintals valued at approximately Rs. 69,12,597/- has been reflected against the petitioner in the respondents' records. The petitioner submits that the alleged shortage is attributable to delayed lifting by the respondents. Accordingly, representation dated 27.04.2026 were submitted seeking compensation under Clause 17 of the Procurement Policy, but no decision has been taken thereon. 3 Apprehending coercive action without adjudication of liability or issuance of any show cause notice, the petitioner has come before this court. 3. Learned counsel for the petitioner submits that despite repeated written requests and representations by the petitioner Society, the respondents failed to perform their obligation of timely lifting and transportation of paddy. The shortage reflected in the records is a direct consequence of reduction in moisture and natural causes resulting from prolonged shortage due to delayed lifting by the respondent authorities. Hence, this petition seeking direction to respondents to decide the representation of the petitioner and for lifting of unlifted paddy lying with the Society. 4. Learned counsel for the respondent – MARKFED submits that the representation of the petitioner will be decided by them in an expeditious manner and the paddy, if not yet lifted, from the Society will lifted within a period of 45 days from the date of receipt of copy of this order, in accordance with law. 5. Considering the submissions made by the parties, in particular, the assurance provided by counsel for respondent -MARKFED that they will lift the paddy lying with the Society, if not yet lifted, and will also decide the representation of the petitioner, as such, this Writ Petition is disposed of with a direction to the respondent-MARKFED to decide the representation of the petitioner dated 27.04.2026 and also lift the 4 paddy lying with the Society, if not yet lifted, within a period of 45 days from the date of receipt of copy of this order. 6. With the aforesaid observation/direction, this Writ Petition is disposed of. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned authorities is at liberty to decide the representation on its own merits, in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash