Nafr High Court
Case Details
1 2025:CGHC:5276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 529 of 2025 1 Ekant Kaushik (Proprietor- Kaushik Rice Industries) S/o Pawan Kumar Kaushik Aged About 35 Years Firms Address Modi Matwada, Saranpal, Narharpur Road, Kanker, District Kanker (C.G.) R/o Jawahar Ward Kanker, District North Bastar Kanker (C.G.) --- Petitioner(s) versus 1 Union Of India Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi 2 State Of Chhattisgarh, Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur (C.G.) 3 Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 C.G. State Civil Supplies, Corporation Limited, Kanker Distric T Kanker (C.G.) 5 Collector (Food Department) Kanker District Kanker (C.G.) 6 District Marketing Officer, Department Of Food Civil Supplies And Consumer Protection, Kanker District Kanker (C.G.) 2 7 Food Officer Kanker District Kanker (C.G.) 8 State Bank Of India Sme, Through Branch Manager, Branch-Kanker City Center District Kanker (C.G.) 9 Food Corporation Of India (Fci) Barakhamba Lane, New Delhi, Regional Office- Mova, Vidhan Sabha Marg, Raipur, District Raipur (Chhattisgarh) (As Per Hon'ble Court Order Dated 27-01-2025) --- Respondent(s) WPC No. 555 of 2025
Legal Reasoning
1 Jawahar Chhajed (Director Shankar Rice Mill) S/o Late Shri Motee Lal Aged About 60 Years Business Address- Jhipatola, Lakhanpuri, Charama, District- Kanker, C.G., R/o - 13 Lattipara, Kanker, District- North Bastar Kanker, C.G. ---Petitioner(s) Versus 1 Union Of India Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi. 2 State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralya, New Raipur, Atal Nagar, District- Raipur, C.G. 3 Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur, C.G. 4 C.G. State Civil Supplies Corporation Limited, Kanker District- Kanker, C.G. 5 Collector (Food Department) Kanker District - Kanker, C.G. 6 District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Kanker District - Kanker, C.G. 7 Food Officer Kanker District - Kanker, C.G. 3 8 Bank Of Maharashtra Through Branch Manager, Branch-Kanker, District- Kanker, C.G. 9 Food Corporation Of India (Fci) Barakhamba Lane, New Delhi, Regional Office- Mova, Vidhan Sabha Marg, Raipur, District Raipur (Chhattisgarh)(As Per Hon'ble Court Order Dated 28-01-2025) --- Respondent(s) WPC No. 535 of 2025 1 Santosh Sahu (Proprietor- Santosh Chawal Udyog) S/o Late Duwaru Ram Sahu Aged About 57 Years R/o Ward No. 13, Nakapara, Tahsil Charama, District- North Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 Union Of India Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi. 2 State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar, District- Raipur (C.G.) 3 Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 C.G. State Civil Supplies Corporation Limited Kanker District- Kanker (C.G.) 5 Collector (Food Department) Kanker, District- Kanker (C.G.) 6 District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Kanker District- Kanker (C.G.) 7 Food Officer Kanker, District- Kanker (C.G.) 4 8 Canara Bank Through Branch Manager, Branch- Dhamtari, District- Dhamtari (C.G.) 9 Food Corporation Of India (Fci) Barakhamba Lane New Delhi Regional Office Mova Vidhan Sabha Marg Raipur District - Raipur (C.G.) --- Respondent(s) WPC No. 502 of 2025 1 Mohammad Kasim (Proprietor- Kanker Rice Mill) S/o Mohd. Yakub Khan Aged About 52 Years R/o- Jamgaon, Tahsil- Narharpur, Kanker, District- North Bastar, Kanker (C.G.) ---Petitioner(s) Versus 1 Union Of India Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi 2 State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (C.G.) 3 Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 C.G. State Civil Supplies Corporation Limited Kanker District- Kanker (C.G.) 5 Collector (Food Deparment) Kanker, District- Kanker (C.G.) 6 District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Kanker District- Kanker (C.G.) 7 Food Officer Kanker, District- Kanker (C.G.) 8 Bank Of Baroda Through- Branch Manager Branch- Kanker District- Kanker (C.G.) 5 9 Food Corporation Of India (Fci) Barakhamba Lane, New Delhi, Regional Office Mova, Vidhan Sabha Marg, Raipur, District Raipur Chhattisgarh. --- Respondent(s) For Petitioner(s) : Ms. Reena Singh, Advocate For Respondent(s)/ : Shri R.S. Marhas, Addl A.G. State For MARKFED For Union Of India For State Bank Of India For F.C.I. : Shri Ashish Surana (thorugh Video conference) and Shri Vikram Sharma, Advocate : Ms. Annapurna Tiwari, Advocate : Shri Kaustubh Singh Thakur on behalf of Shri Sharad Mishra, Advocate : Shri R.S. Patel along with Shri Ashish Sahu, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/01/2025 Heard. 1. Since similar issue is involved, in all the petitions, they are being heard together and decided by the common order. 2. By the present writ petitions the petitioners are seeking a direction towards the respondent authorities to accept the deposit/ submission of CMR for the current year as per the Custom milling agreement and license of the petitioner’s firm which has been executed for the year 2024-25. 3. Learned counsel for the petitioner by referring the communication of Deputy Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution dated 23.01.2025 submits that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended up to 22.02.2025. The communication dated 23.01.2025 reads as under:- 6 No. 3(7)/2023 023-Py.i-Part(1) (306071) Government of India Ministry of Consumer Alfairs, Food and Public Distribution Department of Food and Public Distribution Krishi Bhawan, New Delhi. Dated 23-01-2025 To, The Secretary Department of Food, Civil Supplies & Consumer Protection, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Ralpur-492002 Subject: Extension of period for milling of paddy and delivery of CMR in Chhattisgarh for KMS 2023-24 (Kharif) - reg. Ref: 1. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1/P2(P) dated 23.12.2024 2. Govt. of Chhattisgarh's letter No. 4-9/Food/2023/29-1 dated 07.01.2025 3. Govt. of Chhattisgarh's letter No. 17.01.2025 4. Govt. of Chhattisgarh's letter No. 22.01.2025 Sir. एफ 4-9/2023/29-1/पा(cid:4)्(cid:6)-1 dated एफ 4-9/2023/29-1/पा(cid:4)्(cid:6)-1 dated I am directed to refer to Government of Chhattisgarh's letters under reference, on the above subject and to convey the approval of Government of India for extension of period for milling and delivery of Custom Milled Rice (CMR) into the Central Pool for KMS 2023-24 (Kharif crop) up to 22.02.2025 for Chhattisgarh, subject to Joint Physical Verification of the balance paddy by State Govt and FCI 2. The delivery of CMR will be as per the cost sheet and FAQ specifications prescribed for KMS 2023-24. Government of Chhattisgarh must ensure that the delivery of CMR of Kharif Crop during KMS 2023-24 is completed by 22.02.2025,1 as no further extension will be granted. 3. Further, State Government and FCI are requested to take necessary steps to check recycling of rice, if any. A system of monitoring may be instituted at field level by FCI to monitor the delivery of balance CMR, mill wise as per planned schedule to be obtained from State Government Agencies in writing. Age test may also be conducted at the time of rice delivery as per the protocol to be devised by FCI. 4. This issues with the approval of Secretary, F&PD. Yours falthfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 4. Learned counsel for the petitioner submits that the writ petitions may be disposed off with a direction to the respondents to accept the custom 7 milling rice for KMS 2023-24 (Kharif crop) subject to joint verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23.01.2025. 5. Learned counsel for Food Corporation of India, MARKFED and State counsel submits that they are not opposing the communication issued by the Government Of India dated 23.01.2025. 6. I have heard learned counsel for the parties and perused the communication dated 23.01.2025. 7. Perusal of communication dated 23.01.2025 shows that the period for milling of paddy and delivery of CMR in C.G. for KMS 2023-24 (Kharif crop) has been extended till 22.02.2025. Considering the same, it is directed that the custom milling rice for KMS 2023-24 (Kharif crop) of the petitioners be accepted subject to joint verification of the balanced paddy by the State government, Food Corporation of India and MARKFED in accordance with communication dated 23.01.2025 issued by the Government of India.
Decision
8. With the aforesaid observation, the petitions stand disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti