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2026 DAILYLAW 25399 (CHH)

ADIMJATI SEVA SAHKARI SAMITI MARYADIT USOOR v. STATE OF CHHATTISGARH

WPC/3463/2026 · 2026-07-05

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010246062026 2026:CGHC:27639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3431 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Sonarpal Sonarpal District Basar C.G. Procurement Centre Seoni Through In-Charge Premnath Baidh, S/o Motiram Baidh Aged About 61 Years, R/o Khalepara Seoni District Bastar C.G. --- Petitioner versus 1 - State of Chhattisgar, through the Secretary Department of Food and Civil Supply Mahanadi Bhawan Nava Raipur Atal Nagar Raipur C.G.. 2 - State of Chhattisarh Through Secretary Department of Co-Operative Society Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District Raipur C.G. 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director Chhattisgarh State Cooperative Marketing Federatioin Limited Atal Nagar Nawa Raipur District Raipur C.G.. 4 - The Registrar Co-Operative Societies Indrawati Bhawan Atal Nagar Nawa Raipur District Raipur C.G.. 5 - The Collector Bastar District Bastar (Jagdalpur) C.G. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 6 - District Marketing Officer Bastar District Bastar At Jagdalpur C.G. 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through The Managing Director Chhattisgarh Rajya Sahkari Bank Maryadit Head Office Sahkar Bhawan Plot No 74, Sector 24, Nawa Raipur Atal Nagar District Raipur C.G 8 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer District Co-Operative Central Bank Limited Jagdalpur District Bastar At Jagdalpur C.G. 9 - District Food Officer Jagdalpur District Bastar At Jagdalpur C.G. 10 - The Deputy Registrar Cooperative Societies Jagdalpur District Bastar At Jagdalpur C.G. --- Respondents WPC No. 3463 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Usoor District Bijapur (C.G.) Procurement Centre Usoor Through In Charge Manager Dushyant Kumar Chapdi, S/o Vishnu Shankar Chapdi Aged About 36 Years R/o School Para, Murdanda, Bhopalpatnam, District- Bijapur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan , Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative Society Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District- Raipur Chhattisgarh 3 - Collector, Bijapur, Chhattisgarh 3 4 - Managing Director Chhattisgarh State Co- Operative Marketing Federation Limited 6th Floor Tower C, Commercial Complex C B D 21 Atal Nagar Nawa Raipur District- Raipur Chhattisgarh 5 - District Marketing Officer Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit District- Bijapur Chhattisgarh 6 - Assistant Registrar / Commissioner Cooperative Societies Bijapur District- Bijapur Chhattisgarh 7 - Nodal Officer Zila Sahakari Kendriya Bank Maryadit District- Bijapur Chhattisgarh 8 - Chief Executive Officer , Zila Sahkari Kendriya Bank Bijapur District- Bijapur Chhattisgarh 9 - Nodal Officer / Assistant Commissioner District Co-Operative Central Bank District- Bijapur Chhattisgarh --- Respondent(s) WPC No. 3451 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Garenga Garenga District- Bastar (C.G.) Procurement Centre Mohalai Through In-Charge Bhumati Sethiya W/o Gopal Sethiya Aged About 43 Years R/o 200 Kotiyabhata Dimrapal Jaibel District- Bastar (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative Society Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District- Raipur Chhattisgarh 4 2 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative Society Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District- Raipur Chhattisgarh 3 - Chhattisgarh State Cooperative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Cooperative Marketing Federation Limited Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 4 - The Registrar Co-Operative Societies Indrawati Bhawan Atal Nagar, Nawa Raipur , District- Raipur (C.G.) 5 - The Collector, Bastar , District - Bastar (Jagdalpur ) (C.G.) 6 - District Marketing Officer Bastar District Bastar At Jagdalpur (C.G.) 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through The Managing Director, Chhattisgarh Rajya Sahkari Bank Maryadit , Head Office Sahkar Bhawan, Plot No. 74, Sector- 24, Nawa Raipur Atal Nagar, District- Raipur (C.G.) 8 - District Cooperative Central Bank Limited, Jagdalpur Through Its Chief Executive Officer, District Co-Operative Central Bank Limited Jagdalpur, District -Bastar At Jagdalpur (C.G.) 9 - District- Food Officer Jagdalpur, District Bastar At Jagdalpur (C.G.) 10 - The Deputy Registrar Cooperative Societies Jagdalpur District Bastar At Jagdalpur (C.G.) --- Respondent(s) WPC No. 3449 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Bastar District Bastar (C.G.) Procurement Centre Bastar Through In- Charge Rajiv Tripathi S/o Vidya 5 Shankar Tripathi Aged About 59 Years, R/o Ward No. 12 Bhati Para Bastar, Lal Bahadur Shahstri Ward, Bastar District- Bastar (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan , Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative Society Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District- Raipur Chhattisgarh 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Marketing Federation Limited Atal Nagar, Nawa Raipur, District Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 4 - The Registrar Co-Operative Societies Indrawati Bhawan Atal Nagar, Nawa Raipur , District- Raipur (C.G.) 5 - The Collector Bastar, District Bastar (C.G.) 6 - District Marketing Officer Bastar District Bastar At Jagdalpur (C.G.) 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through The Managing Director, Chhattisgarh Rajya Sahkari Bank Maryadit , Head Office Sahkar Bhawan, Plot No. 74, Sector- 24, Nawa Raipur Atal Nagar, District- Raipur (C.G.) 8 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer, District Co-Operative Central Bank Limited Jagdalpur, District -Bastar At Jagdalpur (C.G.) 9 - District Food Officer Jagdalpur, District Bastar At Jagdalpur (C.G.) 6 10 - The Deputy Registrar Cooperative Societies, Jagdalpur, District Bastar At Jagdalpur (C.G.) --- Respondent(s) WPC No. 3446 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit, Pamed District Bijapur Chhattisgarh Procurement Centre Pamed Through In Charge Manager Vikram Gadpa, S/o Gadpa Satyanarayan, Aged About 34 Years, R/o Patel Para, Pamed, District Bijapur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary Department Of Co-Operative Society, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Collector Bijapur Chhattisgarh 4 - Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th Floor, Tower-C, Commercial Complex, C B D Sector 21 Atal Nagar Nawa Raipur District Raipur Chhattisgarh 5 - District Marketing Officer Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit District Bijapur Chhattisgarh 6 - Assistant Registrar/ Commissioner Cooperative Societies Bijapur, District Bijapur Chhattisgarh 7 7 - Nodal Officer Zila Sahkari Kendriya Bank Maryadit District Bijapur Chhattisgarh 8 - Chief Executive Officer Zila Sahkari Kendriya Bank Bijapur District Bijapur Chhattisgarh 9 - Nodal Officer/ Assistant Commisioner Co-Operative Societies District Bijapur Chhattisgarh --- Respondent(s) WPC No. 3444 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Awapalli District Bijapur (C.G) Procurement Centre Awapalli Through In Charge Manager Praveen Chandra Madvi, S/o Kanna, Aged About 27 Years, R/o Murdanda, Awapalli, District Bijapur (C.G), ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary Department Of Co-Operative Society, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Collector Bijapur, Chhattisgarh 4 - Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th Floor, Tower C, Commercial Complex, Cbd Sector 21 Atal Nagar Nawa Raipur District Raipur Chhattisgarh. 5 - District Marketing Officer Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit District Bijapur Chhattisgarh. 8 6 - Assistant Registrar / Commissioner Cooperative Societies Bijapur District Bijapur Chhattisgarh. 7 - Nodal Officer Zila Sahakri Kendriya Bank Maryadit District Bijapur, Chhattisgarh. 8 - Chief Executive Officer Zila Sahkari Kendriya Bank Bijapur District Bijapur, Chhattisgarh 9 - Nodal Officer / Assistant Commissioner Co-Operative District Bijapur Chhattisgarh. --- Respondent(s) WPC No. 3443 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Mundgaon District Bastar C.G. Procurement Centre Mundagaon Through In-Charge Tulshi Ram Baghel S/o Pilu Ram Aged About 57 Years R/o House 127, Sudhapal, District Bastar C.G. . ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Food And Civil Supply Mahanadi Bhawan Nava Raipur Atal Nagar Raipur C.G. 2 - State Of Chhattisgarh Through Secretary Department Of Co-Operative Society Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District Raipur C.G 3 - Chhattisgrh State Cooperative Marketing Federation Limited Through Its Managing Director Chhattisgarh State Cooperative Marketing Federatioin Limited Atal Nagar Nawa Raipur District Raipur C.G. 9 4 - The Registrar Co-Operative Societies Indrawati Bhawan Atal Nagar Nawa Raipur District Raipur C.G. 5 - The Collector Bastar District Bastar At (Jagdalpur) C.G 6 - Distrtict Marketing Officer, Bastar District Bastar At Jagdalpur C.G 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank ) Through The Managing Director Chhattisgarh Rajya Sahkari Bank Maryadit Head Office Sahkar Bhawan Plot No 74, Sector 24, Nawa Raipur Atal Nagar District Raipur C.G 8 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer District Co-Operative Central Bank Limited Jagdalpur District Bastar At Jagdalpur C.G. 9 - District Food Officer Jagdalpur District Bastar At Jagdalpur C.G. 10 - The Deputy Registrar, Cooperative Societies Jagdalpur District Bastar At Jagdalpur C.G. --- Respondent(s) WPC No. 3442 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Basaguda District- Bijapur (C.G.) Procurement Centre Basaguda Through In Charge Manager Harish Togarciti S/o Mallikarjun Aged About 33 Years R/o Awapalli District- Bijapur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary Department Of Food And Civil Supply Mahanadi Bhawan Nava Raipur, Atal Nagar, Raipur (C.G.) 10 2 - State Of Chhattisgarh Through Secretary Department Of Co- Operative Society Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District- Raipur Chhattisgarh, 3 - Collector Bijapur Chhattisgarh 4 - Managing Director Chhattisgarh State Co- Operative Marketing Federation Limited 6th Floor, Tower C Commercial Complex Cbd Sector 21 Atal Nagar Nawa Raipur District- Raipur Chhattisgarh, 5 - District Marketing Officer Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit District Bijapur Chhattisgarh, 6 - Assistant Registrar Commissioner Cooperative Societies Bijapur District- Bijapur Chhattisgarh 7 - Nodal Officer Zila Sahkari Kendriya Bank Maryadit District- Bijapur Chhattisgarh 8 - Chief Executive Officer Zila Sahkari Kendriya Bank Bijapur District- Bijapur Chhattisgarh, 9 - Nodal Officer Assistant Commissioner District Co- Operative Central Bank District- Bijapur Chhattisgarh, --- Respondent(s) WPC No. 3439 of 2026 1 - Adimdjati Seva Sahkari Samiti Maryadit Binta District- Bastar (C.G.) Procurement Centre Kaknar Through In-Charge Diashwar Padhi S/o Dhaneshwar Padhi Aged About 43 Years R/o Binta District- Bastar (C.G.) ---Petitioner(s) Versus 11 1 - State Of Chhattisgarh Through- The Secretary Department Of Food And Civil Supply Mahanadi Bhawan Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary Department Of Co- Operative Society Mahanadi Bhawan Mantralaya New Raipur, Atal Nagar, District- Raipur Chhattisgarh, 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Chhatisgarh State Cooperative Marketing Federation Limited Atal Nagar Nawa Raipur District- Raipur (C.G.) 4 - The Registrar Co- Operative Societies Indrawati Bhawan Atal Nagar, Nawa Raipur District- Raipur (C.G.) 5 - The Collector Bastar District- Bastar (Jagdalpur ) (C.G.) 6 - District Marketing Officer Bastar District- Bastar Jagdalpur (C.G.) 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through The Managing Director Chhattisgarh Rajya Sahkari Bank Maryadi Head Office Sahkar Bhawan Plot No 74 Sectot-24 Nawa Raipur Atal Nagar District- Raipur (C.G.) 8 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer District Co- Operative Central Bank Limited Jagdalpur District- Bastar At Jagdalpur (C.G.) 9 - District Food Officer Jagdalpur District- Bastar Jagdalpur (C.G.) 10 - The Deputy Registrar Cooperative Societies Jagdalpur District- Bastar Jagdalpur (C.G.) --- Respondent(s) WPC No. 3434 of 2026 12 1 - Adimjati Seva Sahkari Samiti Maryadit, Kesharpal District Bastar Chhattisgarh Procurement Centre Salemeta Through In-Charge Dinesh Kumar Thakur, S/o Tularam Thakur Aged About 44 Years, R/o 61, Khaspara, Turpura, Garenga, District Bastar Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supply, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary Department Of Co-Operative Society, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 4 - The Registrar, Co-Operative Societies Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 5 - The Collector, Bastar District Bastar (Jagdalpur) Chhattisgarh 6 - District Marketing Officer, Bastar District Bastar/ Jagdalpur Chhattisgarh 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through The Managing Director, Chhattisgarh Rajya Sahkari Bank Maryadit, Head Office Sahkar Bhawan, Plot No. 74, Sector 24, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 8 - District Cooperative Central Bank Limited, Jagdalpur Through Its Chief Executive Officer, District Co-Operative Central Bank Limited, Jagdalpur, District Bastar/ Jagdalpur Chhattisgarh 13 9 - District Food Officer, Jagdalpur District Bastar/ Jagdalpur Chhattisgarh 10 - The Deputy Registrar, Cooperative Societies Jagdalpur, District Bastar/ Jagdalpur Chhattisgarh --- Respondent(s) WPC No. 3433 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Mardum, District Bastar (C.G.) Procurement Centre Mardum Through In-Charge Sukman Yadav S/o Neharu Ram Yadav Aged About 49 Years R/o Village - Hathidarha Post Mardum , Tehsil - Lohandiguda, Badrenga District Bastar (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Food And Civil Supply Mahanadi Bhawan Nava Raipur Atal Nagar, Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary Department Of Co- Operative Society Mahanadi Bhawan Mantralaya New Raipur Atal Nagar District- Raipur Chhattisgarh, 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Chhattsigarh State Cooperative Marketing Federation Limited Atal Nagar Nawa Raipur District- Atal Nagar, Nawa Raipur District- (Raipur (C.G.) 4 - The Registrar Co Operative Societies Indrawati Bhawan Atal Nagar Nawa Raipur District- Raipur (C.G.) 5 - The Collector Bastar District- Bastar (Jagdalpur ) C.G. 6 - District Marketing Officer Bastar District- Bastar/ Jagdalpur (C.G.) 14 7 - Chhattisgarh Rajya Sahkari Bank (Apex Bank) Through- The Managing Director Chhattisgarh, Rajya Sahkari Bank Maryadit Head Office Sahkar Bhawan Plot No.74 Sector -24 Nawa Raipur Atal Nagar District- Raipur (C.G.) 8 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer, District- Co- Operative Central Bank Limited Jagdalpur District- Bastar/ Jagdalpur (C.G.) 9 - District Food Officer Jagdalpur District- Bastar Jagdalpur (C.G.) 10 - The Deputy Registrar Cooperative Societies Jagdalpur District- Bastar Jagdalpur (C.G.) --- Respondent(s) (Cause title is downloaded from CIS Periphery) For Petitioner(s) :Ms. Renu Kochar, Advocate. For State :Shri Sabyasachi Choubey, GA, Shri Shreyansh Mehta, PL, Dr. Arham Siddiqui, PL, Shri Soumitra Kesharwani, PL, and Shri Amit Nayak, PL. For Respondent No. 3, 4 & 6/MARKFED : Mr. Harshal Chauhan and Mr. Mayank Kumar, Advocates. For Respondent No.7 and 8 Shri Aniruddha Shrivastava, Advocate appears on behalf of Shri Shaleen Singh Baghel, Advocate. Mr. Keshav Dewangan, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/07/2026 1. All these captioned writ petitions share a common background and involve the same issues, therefore, they were clubbed, heard together and are disposed of by this common order. 2. For the sake of convenience, Writ Petition (C) No. 3431 of 2026 is treated as the lead case for the purpose of disposing all the writ 15 petitions. The petitioner in the said writ petition has prayed for the following reliefs :- “10.1 A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned pertaining to case of the petitioner for perusal of this Hon'ble Court, if thinks fit in the facts & circumstances of case. 10.2 A writ and/or an order in the nature of appropriate writ do issue restraining the respondents from the recovery of any loss of paddy due delay in lifting of paddy by the respondent itself and for which loss of moisture the said loss must be counted in driage and further pleased to direct the respondents to consider and decide the representation of the petitioner in the light of the agreement in the facts and circumstances. 10.3 A writ and/or an order in the nature of appropriate writ do issue restraining the respondents from adopting the unlawful act for the recovery of the loss which is due to the respondents own fault. 10.4 A writ and/or an order in the nature of appropriate writ do -issue directing the respondent to follow the policy framed in this regard for the resolution of the dispute 10.5 That this Hon'ble court may be further pleased to pass any other consequential and other orders/writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.” 3. Succinctly stated, the facts of the case, as canvassed by the petitioner, are that the petitioner is a duly registered co-operative 16 society engaged in procurement of paddy from farmers under the procurement policy and guidelines issued by the respondent authorities. The petitioners are entitled to the protection of their constitutional and legal rights under the Constitution of India. Pursuant to the procurement policy and the agreement executed with the respondent authorities, the petitioner society procured paddy from farmers, stored the same at the designated procurement centre, and awaited its lifting by Respondent Nos. 3 and 6 for onward distribution to rice millers. Although the petitioner duly discharged its obligations, the respondents failed to lift the entire stock within the prescribed period. The State Government's procurement policy mandates timely lifting of paddy by the concerned authorities. Recognizing delays in lifting and the consequential loss in weight due to natural moisture evaporation (driage), Respondent No. 10 issued Memo dated 01.01.2026 addressed to Respondent No. 6, specifically recorded that lifting of the procured paddy had not commenced, resulting in accumulation of stock beyond the permissible buffer limit at procurement centres throughout the district. The memo further acknowledged the acute shortage of storage space and the likelihood of loss in weight due to drying of the procured paddy on account of delay in lifting. Accordingly, Respondent No. 6 was directed to ensure immediate issuance of Delivery Orders (D.O.)/Transport Orders (T.O.) and expeditious lifting of the stock. A copy of the said memo is filed as Annexure P/4. The petitioner 17 society has purchased the paddy from the farmers as per the policy which contains the moistures at the time of purchase and due to which the weight of the paddy was more and the respondent no. 3 and 6 has not lifted the same and due to which loss in weight of the paddy occurs due to loss of moisture and for which the respondent no. 3 and 6 without issuing any notices are forcing the petitioners to deposit the amounts for the differences in weight and even detained them in police station for whole day without any notices and complaint and due to which the petitioner has made the application before the. Respondents authorities and specifically stated that MARKFED have to lift the same as per the notification but the same was not done and due to climatic and other phenomenon, the loss in weight was caused. The petitioner submits that, as per the agreement there is no any provisions for the recovery of the amounts in respect of the deficit in weight of paddy due to loss of moisture when itself the respondent no. 3 and 6 has not lifted the paddy on time and in the present case the respondent no. 3 and 6 has not lifted the paddy within the prescribe limit as per the agreement and therefore the same cannot be permitted to recover by adopting arm twisting manner without any show cause notices. The copy of the computer generated sheets collectively is annexed as ANNEXURE P-2. Thereafter, the petitioner made Several representations before respondent No. 6 for issuance of T.O./D.O. Copy of representations (Collectively) is filed herewith 18 as Annexure P/3. As per the policy of the respondent no. 1/State government- the paddy should must be lifted from the procurement center on and before 30.04.2026 by the respondent authorities, but the same has not been done and in this regard not only the petitioners society but also the Co-operative banks has also written letter to the respondent no. 3 and 6 for the lifting of the paddy from the procurement center and also disclosing the apprehension about the loss and damages due to losing of moisture and also damages due to placing of paddy in an open Sky, but despite of that intimation the respondent no. 3 and 6 has not lifted the said paddy within a prescribed time limit as fixed by the respondent no. 1 as per Clause 11.2 of the Agreement. The respondents instead of recovery of the 8-8 deficient paddy due to driage, have to made the proposal for condoning or exempting the society from loss of weight of paddy due to loss of moisture and sent it to the respondent no. 1 but despite of following the same the respondent no. 4, 5 are adopting the illegal mode for the recovery of the same. The respondent authorities have violated the terms and condition of the paddy purchase policy and thereby failed to lift/transport the stock of the-paddy even the respondent authorities have not made any policy of guide line if the paddy is not lifted/transported within time fixed than what measurement would be initiated for counting the stock of paddy. Hence these petitions. 19 4. Learned counsel for the petitioner submits that the impugned action of the respondents in seeking recovery of the alleged shortage in weight of paddy is wholly illegal, arbitrary, unreasonable, and unsustainable in law, being contrary to the procurement policy and the facts and circumstances of the present case. She further submits that the shortage in weight is solely attributable to natural loss of moisture (driage) caused by the inordinate delay of Respondent Nos. 3 and 6 in lifting the paddy from the procurement centre, despite repeated Government directions and representations made by the petitioner. The petitioner cannot be penalized for a loss occasioned by the respondents' own default. The State Government itself, by issuing circulars and instructions, acknowledged that delayed lifting of paddy results in natural loss of weight and specifically provided that, in such cases, proposals for condonation/exemption of the loss should be forwarded by the competent authorities. Instead of following the prescribed procedure, the respondents have illegally resorted to coercive recovery proceedings against the petitioner. It is further submitted that the procurement policy contains no provision authorizing recovery from procurement societies for natural loss in weight due to evaporation of moisture where the delay in lifting is attributable to the respondent authorities. Consequently, the impugned recovery is without authority of law. Paddy procured during the months of November to January naturally contains 20 higher moisture content. When such stock is not lifted within the stipulated period and is kept in storage, the moisture inevitably evaporates, resulting in a reduction in weight. Such natural driage cannot be treated as a shortage or misappropriation attributable to the petitioner. The respondents themselves directed procurement of paddy beyond the available storage capacity, resulting in the stock being stored in open premises and exposed to natural elements such as sunlight, rain, rodents, and other unavoidable causes, thereby increasing the possibility of deterioration and weight loss. The petitioner cannot be held liable for consequences arising from the respondents' own administrative lapses. The respondents cannot be permitted to recover from the petitioner losses which have occurred solely due to their own negligence and failure to lift the stock within the prescribed time. Such action amounts to arbitrary exercise of power and is liable to be quashed. She next submits that the impugned action has been taken without following the principles of natural justice, including issuance of any show-cause notice or affording the petitioner an opportunity of hearing, rendering the recovery proceedings illegal and unsustainable. The impugned action is arbitrary, discriminatory, and violative of the petitioners' fundamental and constitutional rights guaranteed under Articles 14, 19(1)(g), 21 and 300A of the Constitution of India. Further this Court, in WPC No. 2324 of 2026, Bhagwan Singh Rathore v. State of Chhattisgarh, by order dated 08.05.2026 (Annexure P/5), 21 has already considered similar facts and issues and granted appropriate relief. The present case is squarely covered by the said decision and deserves to be decided on the same principles. Hence, learned counsel for the petitioner prays to allow the petitions. 5. On the other hand, learned counsel for the Respondent-State as well as Respondent-MARKFED submit that the reliefs sought by the petitioner cannot be granted because it is against the Paddy Procurement Policy for the Session 2025-2026. Under the said Policy, there is no provision for dryage benefit. Furthermore, as far as the transportation part is concerned, the Policy itself provides for a mechanism to remove any hindrance as MARKED states that if transportation facilities cannot be provided by MARKFED, the petitioner-Society is permitted to transport the paddy from the concerned Societies to the Center, as directed by MARKFED. They submit that the expenses incurred by Society would then be adjusted by MARKFED. As such, timely transportation would be the responsibility of the Society itself. Therefore, the concerned Society cannot hold the State or MARKFED liable for any delayed transportation of paddy. They lastly submit that since no benefit in respect of dryage of paddy can be granted to the Society under the Policy, the petitions as framed and filed by the petitioners are without merit and liable to be dismissed. 22 6. Heard learned counsel for the parties and also perused the documents annexed with the petitions. 7. Admittedly, the reliefs sought by the petitioner stem from the natural dryage of paddy, which led to reduction in its total weight due to moisture evaporation. This shortage occurred due to non- lifting and omission to transport the paddy from the Center within the stipulated time. Though the petitioner made several efforts and repeatedly made communications with the respondents to expedite the lifting of the paddy but the concerned authorities chose not to take any steps. Under the Paddy Procurement Policy of the State Government for the Kharif Marketing Session 2025-2026, there are specific provisions i.e. clause 15.9 and clause 16.3, which address the subject issue and are reproduced below : 15.9 धान उपार्जन के न्द्रों में संग्रहित धान के लिए कोई सूखत मात्रा मान्य नीं ोगी। 16.3 धान के परि$वन ेतु हिनधारि$त परि$वनकता द्वा$ा परि$वन न हिकये र्जाने प$ आवश्यकतानुसा$ स्वीकृ त परि$वन द$ प$ हिकसी भी परि$वनकता से परि$वन का काय क$ाया र्जा सकता ै। माक फे ड द्वा$ा परि$वन नीं क$ाये र्जाने की स्थिस्3तित में स्वीकृ त परि$वन द$ प$ सहिमतितयों द्वा$ा धान का परि$वन क$ाया र्जावे। इस ेतु सहिमतित उसे धान भण्डा$ण व सु$क्षा मद अ3वा प्रासंहिगक व्यय के मद में प्रदत्त अहिग्रम $ाशि> का उपयोग परि$वन देयकों के भुगतान ेतु क$ सके गी त3ा ऐसे व्यय की प्रतितपूर्तित हिवपणन संघ द्वा$ा सहिमतित को की र्जाएगी। सहिमतितयों द्वा$ा धान परि$वन क$ाये र्जाने प$ संग्रण के न्द्रों में धान भण्डा$ण क$ने ेतु उतिBत व्यवस्3ा माक फे ड द्वा$ा की र्जावे। 23 8. A perusal of the aforesaid clauses would show that the State Government has framed a Policy, according to which, no dryage is generally permitted. Clause 16.3 provides that in the event MARKFED fails to transport the paddy from the concerned Societies, the Societies themselves are directed to arrange transportation at the applicable rates with the expenses incurred to be subsequently adjusted by MARKFED. Thus, the main ground raised by the petitioner regarding natural dryage caused by delayed transportation cannot be adjudicated by this Court, as doing so would ignore the terms of the subject Policy, which allows no permissible dryage . The petitioner has entered into an Agreement with the respondents, wherein clause 5.6 of the said Agreement stipulates as under : 5.6- foi.ku la?k }kjk iznk; dh xbZ jkf'k ls miktZu dsUnz ¼lfefr½ }kjk /kku foi.ku la?k dks de izkIr gksus ij 'ks"k jkf'k dh olwyh lfefr dks iznk; deh'ku ,oa vU; vuqlkafxd enksa ls jkf'k dh dVkSrh dh tkosxh A blds mijkar Hkh olwyh ;ksX; jkf'k 'ks"k jgus ij ftyk foi.ku vf/kdkjh }kjk N-x- jkT; lgdkjh lkslk;Vh vf/kfu;e 1960 ds varxZr olwyh dk;Zokgh gsrq l{ke U;k;ky; esa izdj.k ntZ fd;k tkosxk A” 9. Likewise, Clause 13 of the Agreement provides the resolution of the disputes between the parties through arbitration, which reads as under: 13- vkfCkZVªs'ku %& bl vuqca/k dh fdlh Hkh df.Mdk ls lacaf/kr fookn mRiUu gksus dh fLFkfr esa fookn ds fu.kZ; gsrq ftys 24 esa ftyk dysDVj dk fu.kZ; vfUre gksxk tks mHk;i{kksa dks ekU; gksxk A dysDVj }kjk fn;s x;s fu.kZ; dh vihy mHk;i{kksa }kjk ftys ds laHkkxh; vk;qDr dks dh tk ldsxh A” 10. Considering the facts and circumstances of the case as also considering the State Government’s Paddy Procurement Policy for the year 2025-2026, this Court is of the view that an alternative and efficacious remedy exists by invoking arbitration Clause 13 of the Agreement. Since the Agreement itself contains a dispute resolution mechanism for resolving conflicts between the parties, the petitioners ought to have invoked arbitration clause in respect of shortage of paddy. Accordingly, this Court is not inclined to entertain the present writ petitions for the reliefs sought by all the petitioners herein. 11. In view of the above, the petitioners are relegated to raise their disputes before the appropriate authority under the arbitration clause of the Agreement in accordance with law. In the event the petitioners approach the concerned authorities for arbitration concerning any dispute covered under the said clause, the concerned authorities are directed to consider and decide the same in accordance with law. 12. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned authorities vested with the jurisdiction to adjudicate the dispute under the arbitration clause are at liberty to initiate and conduct appropriate arbitration 25 proceedings and pass a reasoned order after affording due opportunity of hearing to the petitioners in accordance with law. 13. With these observations/directions, all the Petitions stand disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju