ADIMJATI SEVA SAHKARI SAMITI MARYADIT BAJAWAND v. STATE OF CHHATTISGARH
WPC/3659/2026 · 2026-07-26
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29378 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29378 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CGHC010260052026
2026:CGHC:31842
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3659 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Bajawand District Bastar, Chhattisgarh Procurement Centre Ulnar Through In Charge Damru Dhar Pandey, S/o Shatrughan Prasad Pandey, Aged About 48 Years, R/o Pujaripara, Jaibel, Distt. 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 Cooperative Society, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar,
Distt. Raipur,
Chhattisgarh. 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 4 - The Registrar Co-Operative Societies, Indrawati Bhawan, Atal Nagar,
Nawa
Raipur,
Distt. Raipur,
Chhattisgarh. 5 - The Collector Bastar, Distt. Bastar At Jagdalpur, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 6 - District Marketing Officer Bastar, Distt. Bastar At Jagdalpur, Chhattisgarh. 7 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer, District Co-Operative Central Bank Limited, Jagdalpur,
Distt. Bastar
At
Jagdalpur,
Chhattisgarh. 8 - District Food Officer Jagdalpur, Distt. Bastar At Jagdalpur, Chhattisgarh. 9 - The Deputy Registrar Co-Operative Societies, Jagdalpur, Distt. Bastar At Jagdalpur, Chhattisgarh.
--- Respondent(s) WPC No. 3723 of 2026 1 - Adimjati Seva Sahkari Samiti Maryadit Bajawand Bajawand District Bastar C.G. Procurement Centre Bajawand Through In Charge Damru Dhar Pandey, S/o Shatrughan Prasad Pandey Aged About 48 Years R/o Pujaripara Jaibel 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 Socity, Mahanadi Bhawan Mantralaya, New Raipur Atal Nagar, District Raipur C.G.
3 3 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Directro 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 At Jagdalpur C.G. 6 - District Marketing Officer Bastar District Bastar At Jagdalpur C.G. 7 - District Cooperative Central Bank Limited Jagdalpur Through Its Chief Executive Officer, District Co-Operative Central Bank Limited Jagdalpur District Bastar At Jagdalpur C.G. 8 - District Food Officer, Jagdalpur District Bastar At Jagdalpur C.G. 9 - The Deputy Registrar Cooperative Societies, Jagdalpur District Bastar At Jagdalpur C.G.
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner:- Mrs. Renu Kochar and Mr. Vaibhav Mittal, Advocates For State :- Mr. Amit Nayak, P.L. For Respondent No. 3 :- Mr. Mayank Kumar, Advocate For Respondent No. 7 :- Mr. Harshal Chauhan on behalf of Mr. Keshav Dewangan, Advocate ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 27.07.2026
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1. Since common issue is involved in both the petitions, they are being decided by this common order.
2. Since the reliefs sought in both the writ petitions are similar and identical, the reliefs prayed for in WPC No. 3659 of 2026 are taken for the purpose of reference and are reproduced hereunder:-
“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.
5 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. At the outset, learned counsel for the parties submit that the issue involved in the present writ petition stands squarely covered by the judgment rendered by this Court in WPC No. 3564 of 2026 (Adimjati Seva Sahkari Samiti Maryadit Bajawand vs State of Chhattisgarh and others) decided on 09.07.2026. It is jointly prayed that the present writ petition may also be disposed of in terms of the observations and findings recorded therein. The relevant paragraphs of the said judgment are reproduced below:–
“9. 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 petitioner ought to have invoked arbitration clause in respect of shortage of paddy.
6 Accordingly, this Court is not inclined to entertain the present writ petitions for the reliefs sought by all the petitioner herein.
10. In view of the above, the petitioner is relegated to raise their disputes before the appropriate authority under the arbitration clause of the Agreement in accordance with law. In the event the petitioner 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.
11. 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 proceedings and pass a reasoned order after affording due opportunity of hearing to the petitioner in accordance with law.
12. With this observation and direction, the writ petition stands disposed of.”
4. Since the grievance of the petitioner is identical to the one considered in WPC No. 3564 of 2026 (Adimjati Seva Sahkari Samiti Maryadit Bajawand vs State of Chhattisgarh and others) decided on 09.07.2026, and the petitioner in the present case is also seeking the same relief, the writ petitions are
7 accordingly disposed of in terms of and in line with the aforesaid
judgment while granting liberty to the petitioner to raise his grievance before the concerned respondent authority. No order as to cost(s). sd/- (Amitendra Kishore Prasad)
Judge Vishakha