Nafr High Court
Case Details
1 2025:CGHC:6782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 799 of 2025 1 Madhu Agrawal (Proprietor M/s Madhu Enterprises) W/o Omprakash Agrawal Aged About 54 Years R/o Tiali, Tahsil - Akaltara, District Janjgir-Champa Chhattisgarh --- Petitioner(s) versus 1 Union Of India Through Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, 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 Chhattisgarh 3 Managing Director Chhattisgarh State Market Federation Maryadit, Atal Nagar, Naya Raipur, Distt. Raipur Chhattisgarh 4 C.G. State Civil Supplies Corporation Limited Janjgir-Champa District Janjgir- Champa Chhattisgarh 5 Collector (Food Department) Janjgir-Champa District Janjgir-Champa Chhattisgarh 2 6 District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Janjgir-Champa District Janjgir-Champa Chhattisgarh 7 Food Officer Janjgir-Champa District Janjgir-Champa Chhattisgarh 8 Central Bank Of India Through Branch Manager, Branch Office - Korba, District Korba Chhattisgarh 9 Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District Raipur Chhattisgarh --- Respondent(s) WPC No. 801 of 2025 1 Vinod Lalwani S/o Rajkumar Lalwani Aged About 49 Years (Partner M/s - S.S Rice Mill), R/o Vill- Nathunavagaon, Teh- Dongargaon, District- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 Union Of India Through- Deputy Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Public Distribution, 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, Rajnandgaon District - Rajnandgaon (C.G.) 5 Collector (Food Department), Rajnandgaon District - Rajnandgaon (C.G.) 3 6 District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon District - Rajnandgaon (C.G.) 7 Food Officer Rajnandgaon District - Rajnandgaon (C.G.) 8 Uco Bank Through - Branch Manager, Branch Office- Rajnandgaon, Dist- Rajnandgaon (C.G.) 9 Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) --- Respondent(s) For Petitioner(s)
Legal Reasoning
: Shri Akhtar Hussain, Advocate For Respondent(s)/ State : Shri Mayur Kandelwal, P.L. For MARKFED : Shri Abhinav Sharma on behalf of Shri Vikram Sharma, Advocate For Union Of India For UCO Bank : Ms. Annapurna Tiwari, Advocate : Ms. Shailja Shukla on behalf of Shri Utsav Mahiswar, For Central Bank of : Shri Anand Shukla, Advocate Advocate India For F.C.I. : Shri R.S. Patel, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06/02/2025 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. 4 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:- 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. 5 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 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