1 CGHC010234672020 2026:CGHC:33041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2505 of 2020 Seva Sahkari Samiti Maryadit Chattan, Mungeli, Registration No. 1231, Tahsil And District - Mungeli Through Its Society Manager - Pawan Kumar Yadav Age - 48 Yrs S/o Shri Motiram Yadav, R/o - Village And Post - Chattan, Tahsil And District - Mungeli Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary Department Of Food And Civil Supplies, Government Of Chhattisgarh Mantralaya, Mahanadi Bhawan, Nava Raipur, District - Raipur Chhattisgarh. 2 - Chhattisgarh Rajya Sahkari Vipan Sangh, Through - Managing Director, 6th Floor, Tower - C, Commercial Complex, C B D, Sector-21, Block - C, Nava Raipur, Atal Nagar, District - Raipur Chhattisgarh. 3 - Collector Mungeli, Collectorate Building, Mungeli, District - Mungeli Chhattisgarh. 4 - District Mark - Fed - Officer, Chhattisgarh Rajya Sahkari Vipadan Sangh, District - Mungeli Town And Country Planning State Of Chhattisgarh District - Raipur Chhattisgarh. 5 - Chief Executive Officer (Nodal Officer) District Co-Operative Bank, District - Mungeli Chhattisgarh. 6 - Asstt. Registrar, Co-Operative Societies, District - Mungeli Chhattisgarh. ---- Respondents For the Petitioner : Mr. Azad Siddiqui, Advocate. For the State : Mr. Malay Jain, PL. Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 2 30.07.2026 1. This writ petition has been filed under Article 226 of the Constitution of India with following reliefs: “10. Reliefs Sought(s): A. This Hon'ble Court may kindly be pleased to call for all the relevant records pertaining to the case of the petitioner for its kind perusal. B. This Hon'ble Court may be pleased to issue appropriate direction to the respondent authorities for resolving the issues and also issue direction for no criminal proceedings be drawn against the petitioner's society. C. This Hon'ble court may kindly issue appropriate direction to Respondent No.4 for lifting paddy from petitioner's collection centre, Chattan on the basis of as is where is basis. D. That this Hon'ble court may pleased to set- aside the order dated-15.06.2020 ANNEXURE P-9 and ANNEXURE P-11 and appropriate direction be issued to Respondent No.2, 3 and 5 for lifting of paddy from the petitioner's society centre, Chattan, Dist-Mungeli. E. That this Hon'ble court kindly be pleased to direct respondent authorities for lifting of paddy without any further delay on their own responsibility and without any repercussions regarding damages caused to paddy lying on open field which the respondent are negligent for not arranging proper lifting work of paddy. 3 F. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. G. Cost of the petition may also be awarded.’’ 2. Learned counsel for the petitioner submits that the petitioner- society is engaged in procurement of paddy for MARKFED under the Tripartite Agreement, which is signed by the MARFED, the Chief Executive Officer, District Co-Operative Central Bank and the concerned Society, ie, petitioner for Kharif season 2019- 2020, which started from 01st December 2019. He further contended that pursuant to the agreement, petitioner-society has procured the paddy from member of the societies as per the scheme and has stored the paddy in open area identified for it. The MARKFED has not lifted the paddy and it caused accumulated more than the buffer limit. Due to lying of paddy under open sky, it suffers dryness, which resulted in shortage in weight. The petitioner apprehends that the Society may be held liable for said shortage and that recovery proceedings may be initiated against him. Hence, petitioner has filed this writ petition with above reliefs. 3. Learned State Counsel submits that the petitioner has an efficacious alternative remedy available under the arbitration agreement, however, petitioner has neither invoked Clause 14 of the agreement which provides for arbitration nor initiated any 4 arbitral proceedings. Hence, present writ petition is not maintainable. 4. At this stage, learned counsel for the petitioner submits that in similar facts of the case, the Co-ordinate Bench of this Court in WPC No.3158/2026 (Sanjay Kumar Dharmendra v. State of Chhattisgarh & Others) and other connected matters, vide order dated 02.07.2026 disposed of the writ petitions while granting liberty to the petitioners therein to initiate appropriate proceedings under the arbitration clause of the agreement. Hence, he prayed that similar relief may be granted to present petitioner also. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of reliefs, above submissions of counsel for the respective parties, more particularly that the tripartite agreement contains an arbitration clause, namely Clause 14, I find it appropriate to dispose of this writ petition at this stage reserving liberty to the petitioner to invoke Clause 14 of the agreement (Annexure P-10) before the competent authority. 7. Accordingly, writ petition stands disposed of with liberty reserved to the petitioner to invoke Clause 14 of the agreement before the competent authority. In the event that the petitioner files an application invoking Clause 14 of the tripartite agreement, the competent authority concerned shall consider and decide the 5 same strictly in accordance with law, on its own merits, after affording due opportunity of hearing to all interested parties. CC as per rules. Sd/- (Parth Prateem Sahu) Judge J.