1 CGHC010060912023 2026:CGHC:30617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 911 of 2023 Tejprakash Chandrakar S/o Shri Bhushan Lal Chandrakar Aged About 47 Years R/o Ganjpara, Mahasamund, District Mahasamund (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Agriculture And Farmers Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector Mahasamund, District Mahasamund (C.G.) 3 - Joint Director Chhattisgrah State Agriculture Vipdan Board, Divisional Office, Raipur, District Raipur (C.G.) 4 - Chhattisgarh State Agriculture Marketing Board (Mandi) Raipur Through Its Managing Director, Chhattisgarh State Agriculture Marketing Board (Mandi) Raipur, Beej Bhawan,g.E. Road, Telibandha, Raipur, District Raipur (C.G.) 5 - Managing Director Chhattisgarh State Agriculture Marketing Board YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.21 10:16:10 +0530 2 (Mandi), Beej Bhawan G.E. Road, Telibandha, Raipur, District Raipur (C.G.) 6 - Krishi Upaj Mandi Samiti Mahasamund Through Its Secretary, Krishi Upaj Mandi Samiti Mahasamund, District Mahasamund (C.G.) 7 - Secretary Krishi Upaj Mandi Samiti Mahasamund, District Mahasamund (C.G.) 8 - Tehsildar Mahasamund, District Mahasamund (C.G.) 9 - Ghanshyam Chandrakar S/o Nand Kumar Chandrakar, R/o Village Bakma, Post Mahasamund, Tehsil And District Mahasamund (C.G.) 10 - Dilip Kumar Chandrakar S/o Chaman Lal Chandrkar, R/o Village Kharora, Post Bemcha, Tehsil And District Mahasamund (C.G.) 11 - Pawan Chandrakar S/o Tulsi Ram Chandrakar, R/o Village Kharora, Post Bemcha, Tehsil And District Mahasamund (C.G.) 12 - Kautuk Mani Chandrakar S/o Shri Chunni Lal Chandrakar, R/o Village Nadgaon, Post Belsonda, Tehsil And District Mahasamund (C.G.) 13 - Suresh Chandrakar S/o Santram Chandrakar, R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 14 - Bharat Lal Chandrakar S/o Shri Bhushan Lal Chandrakar, R/o Village Arand, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 15 - Gaind Lal Chandrakar S/o Bhukhan Lal Chandrakar, R/o Village Arand, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 3 16 - Doman Lal Chandrakar S/o Shri Yoddha Lal Chandrakar, R/o Village Arand, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 17 - Rajendra Kumar Chandrakarr S/o Late Babulal Chandrakar, R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 18 - Raju Chandrakar R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 19 - Heera Lal Dheemar S/o Guhnu Dheemar, R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 20 - Jawahar Chandrakar S/o Bhanupratap Chandrakar, R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 21 - Baldau Prasad Chandrakar S/o Daulal Chandrakar, R/o Hadaband, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 22 - Byas Narayan Chandrakar S/o Baldau Prasad Chandrakar, R/o Hadaband, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 23 - Narottam Chandrakar S/o Baldau Prasad Chandrakar, R/o Hadaband, Post Mohandi, Tehsil Bagbahra, District Mahasamund (C.G.) 24 - Devsing Chandrakar S/o Mathura Prasad Chandrakar, Village Sirgidi, Tehsil Mahasamund, District Mahasamund (C.G.) 25 - Ram Kishun Sahu S/o Kartik Ram Sahu, R/o Village Bamhani, Post Bamhani, Tehsil And District Mahasamund (C.G.) 4 26 - Asharam Tondan S/o Mangiya Tondan, R/o Village Kharora, Tehsil Bemcha, Tehsil And District Mahasamund (C.G.) 27 - Ramlal Chandrakar S/o Late Rajaram Chandrakar, R/o Village Bemcha, Post Bemcha, Tehsil And District Mahasamund (C.G.) 28 - Khilawan Yadav S/o Heeralal Yadav, R/o Village Bamhani, Post Bamhani, Tehsil And District Mahasamund (C.G.) 29 - Roopchand Chandrakar S/o Rambagas Chandrakar, R/o Village Parsada, Tehsil Arang, District Raipur (C.G.) 30 - Banshilal Sahu S/o Goverdhan Sahu, R/o Village Chakve, Post Kosrangi, Tehsil Arang, District Raipur (C.G.) 31 - Santosh Chandrakar S/o Ganesh Ram Chandrakar, R/o Village Bemcha, Post Bemcha, Tehsil And District Mahasamund (C.G.) 32 - Sohan Lal Chandrakar S/o Samaru Chandrakar, R/o Village Bemcha, Post Bemcha, Tehsil And District Mahasamund (C.G.) 33 - Chandrahas Chandrakar S/o Mohanlal Chandrakar, R/o Village Bemcha, Post Bemcha, Tehsil And District Mahasamund (C.G.) 34 - Milau Ram Chandrakar S/o Late Rajaram Chandrakar, R/o Village Bemcha, Post Bemcha, Tehsil And District Mahasamund (C.G.) 35 - Bharat Lal Sahu S/o Punit Ram Sahu, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 36 - Lekhram Chandrakar S/o Late Bahadur Chandrakar, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 5 37 - Lakhan Jalkshatri S/o Motiram Dhiwar, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 38 - Rooplal Patel S/o Mohan Singh Patel, R/o Village Bandora, Post Achanakpur, Tehsil And District Mahasamund (C.G.) 39 - Tribhuwan Sahu S/o Bhagirathi Sahu, R/o Village Nishad, Post Paragaon, Tehsil Arang, District Raipur (C.G.) 40 - Tukaram Sahu S/o Babulal Chandrakar, R/o Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 41 - Heeralal Sinha S/o Loknath Sinha, R/o Village Lachkera, Post Jamgaon, Tehsil Rajim, District Gariyaband (C.G.) 42 - Ramu Dewangan S/o Babulal Dewangan, R/o Baronda Bazar, Post Bamhani, Tehsil And District Mahasamund (C.G.) 43 - Goverdhan Chandrakar S/o Gaind Lal Chandrakar, R/o Village Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 44 - Ishwar Sahu S/o Mohna Ram Sahu, R/o Beltukri, Post Moring, Tehsil And District Mahasamund (C.G.) 45 - Motilal Sahu S/o Kartik Ram Sahu, R/o Parsatti, Post Bamhani, Tehsil And District Mahasamund (C.G.) 46 - Shrawan Kumar Chandrakar S/o Jugal Prasad Chandrakar, R/o Village Lafin Kala, Post Lafinkhurd, Tehsil And District Mahasamund (C.G.) 47 - Khumman Sinha S/o Bahur Ram Sinha, R/o Village Nishda, Post Paragaon, Tehsil Aarang, District Raipur (C.G.) 6 48 - Dhanu Ram Chandrakar S/o Kashiram Chandrakar, R/o Village Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 49 - Dinesh Ratre S/o Khorbahra Ratre, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 50 - Dr. Dau Lal Ratre S/o Khorbahra Ratre, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 51 - Daulat Chandrakar S/o Jhumuk Lal Chandrakar, R/o Village Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 52 - Gajadhar Chandrakar S/o Madan Chandrakar, Village Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 53 - Naresh Chandrakar S/o Mansingh Chandrakar, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 54 - Rakesh Sharma S/o Bharat Sharma, R/o Village Gujra, Tehsil Aarang District Raipur (C.G.) 55 - Chunni Lal Chandrakar S/o Chandrika Prasad Chandrakar, R/o Village Belsonda, Post Belsonda, Tehsil And District Mahasamund (C.G.) 56 - Mahavir Dheemar S/o Shiv Prasad Dheemar, R/o Village Saradih, Post Belsonda, Tehsil And District Mahasamund (C.G.) 57 - Tej Nath Chandrakar S/o Chandrika Chandrakar, R/o Village Birkoni, Post Birkoni, Tehsil And District Mahasamund (C.G.) 58 - Vijay Chandrakar S/o Babulal Chandrakar, R/o Village Birkoni, Post 7 Birkoni, Tehsil And District Mahasamund (C.G.) 59 - Suresh Patel S/o Pyare Lal Patel, R/o Village Badonra, Post Achanakpur, Tehsil And District Mahamsamund (C.G.) 60 - Dinesh Chandrakar S/o Dheluram Chandrakar, R/o Farfoud, Post And Tehsil Arang, District Raipur (C.G.) 61 - Sevan Lal Sahu S/o Itwari Ram Sahu, R/o Village Parasatthi, Post Bamhani, Tehsil And District Mahasamund (C.G.) 62 - Pitambar Sahu S/o Sewaram Sahu, R/o Village Baronda Bazar, Post Bamhani, Tehsil And District Mahasamund (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Manoj Paranjpe, Senior Advocate with Mr. Arpan Verma, Advocate For State : Mr. Anand Dadariya, Deputy Advocate General For Respondents No.6 & 7 : Mr. A.N. Bhakta, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has called in question the legality and validity of the order dated 29.11.2022 passed by the Managing Director, Chhattisgarh State Agricultural Marketing Board (Mandi), whereby the appeal preferred by the petitioner under Section 61(3) of the Chhattisgarh Krishi Upaj Mandi 8 Adhiniyam, 1972 has been dismissed and the order dated 05.11.2020 passed by the Secretary, Krishi Upaj Mandi Samiti, Mahasamund, directing recovery against the petitioner, has been affirmed. The petitioner has prayed for following relief(s) :- “1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and quashing the impugned order dated 29.11.2022, passed by the Court of Managing Director/Appellate authority and the appeal filed by the petitioner may kindly be allowed and order of recovery may kindly be set- aside. 2] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Brief facts of the case are that the petitioner is a partner of Mahamaya Agrotech Rice Mill and the proprietor of Sai Kripa Rice Mill, both of which are registered with the Krishi Upaj Mandi Samiti, Mahasamund. Certain complaints were lodged by farmers alleging non-payment of the sale consideration of paddy purchased by the petitioner. Upon inquiry, the Secretary initially informed the Collector that no amount was due from the petitioner in view of the agreements and Sauda Patraks executed between the parties. Subsequently, further complaints were received alleging fraud and non-payment, pursuant to which proceedings were initiated under the provisions of the Chhattisgarh Krishi Upaj 9 Mandi Adhiniyam, 1972. The petitioner contends that despite producing agreements, Sauda Patraks, bank statements and other documents evidencing payment to the farmers, the Secretary, Krishi Upaj Mandi Samiti, passed the order dated 05.11.2020 directing recovery against the petitioner without affording an effective opportunity of hearing and in violation of the principles of natural justice. The appeal preferred by the petitioner before the Managing Director also came to be dismissed by order dated 29.11.2022, which has been assailed in the present writ petition. 3. Learned counsel appearing for respondent Nos.6 and 7 submits that during the pendency of the present writ petition, the entire amount recoverable towards the penalty/recovery has already been recovered from the petitioner. It is, therefore, contended that by efflux of time, no surviving cause remains for adjudication in the present writ petition. It is further submitted that in case the petitioner is still aggrieved by any act or action of respondent Nos.6 and 7, it shall be open for him to avail such remedy as may be available under law before the appropriate forum. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions advanced by the learned counsel for respondent Nos.6 and 7 that the entire amount recoverable under the impugned orders has already been recovered from the 10 petitioner, this Court is of the opinion that no useful purpose would be served by keeping the present writ petition pending insofar as the challenge to the recovery is concerned. Accordingly, this Court is not inclined to examine the legality of the recovery proceedings in the present petition. However, so far as the observations contained in the impugned orders with regard to registration of an FIR are concerned, it is made clear that the petitioner shall be at liberty to challenge the same before the appropriate forum, in accordance with law, if so advised. 6. With the aforesaid observations, the instant writ petition stands disposed of as having become infructuous. 7. It is made clear that this Court has not expressed any opinion on the merits of the controversy involved, and it shall remain open to the petitioner to agitate his grievance before the appropriate forum, in accordance with law, if the exigency so arises. Sd/-/- (Amitendra Kishore Prasad) Judge Yogesh