1 - Arjun Yadav (Proprietor Of Shourya Rice Mill) S/o Jai Govind Yadav Aged v. 1 - Union Of India Through- Deputy Secretary, Ministry Of Consumer Affairs, Food And
Case Details
1 / 8 2025:CGHC:7695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 894 of 2025 1 - Arjun Yadav (Proprietor Of Shourya Rice Mill) S/o Jai Govind Yadav Aged About 30 Years Situated At Village Banbaghera (Baghera) Rajnandgaon Distt. Rajnandgaon (C.G.) R/o- Sector Ii, Block No. 3/a, Bhilai, Tahsil And Dist. - Durg (C.G.) --- Petitioner 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.) 2 / 8 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 - Indian Bank Through - Branch Manager, Branch Office- Rajnandgaon, District - Rajnandgaon (C.G.) 9 - Food Corporation Of India (FCI) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) --- Respondents with WPC No. 895 of 2025
Legal Reasoning
1 - Alok Rungta S/o Shri Ramavatar Rungta Aged About 48 Years Partner Of M/s- Rungta Rice Mill, Situated At Village- Mohara Road, Rajnandgaon, Rajnandgaon, Tahsil And District- Rajnandgaon (C.G.) R/o- Ramadhin Marg, Rajnandgaon, Tahsil And District- Rajnandgaon (C.G.) ---Petitioner 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 / 8 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.) 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 - State Bank Of India Through - Branch Manager, Branch Officer- Rajnandgaon, District- Rajnandgaon (C.G.) 9 - Food Corporation Of India (FCI) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondents with WPC No. 897 of 2025 1 - Mahesh Khandelwal S/o Late Ramji Lal Khandelwal Aged About 65 Years Director Of Kushal Rice Industries, Place Of Business- Village- Gathula, Khairagarh Road, Rajnandgaon And District- Rajnandgaon (C.G.) R/o House No. 202, In Front Of Gayatri School, Patelnagar, Rajnandgaon, Tahsil And District- Rajnandgaon (C.G.) ---Petitioner Versus 4 / 8 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, District- 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.) 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, District- Rajnandgaon (C.G.) 9 - Food Corporation Of India (FCI), Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondents with WPC No. 901 of 2025 1 - Nikunj Khetan (Director Madhavi Udyog Private Limited, Unit Ii) S/o Prakash Chand Khetan Aged About 28 Years Office At D-101, Amar Heights Pushp Vatika Road, Durg, Tahsil And District- Durg (C.G.) R/o- 5 / 8 Near Shyam Mandir, Kadambari Nagar, Durg, Tahsil And Dist.- Durg (C.G.) ---Petitioner 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.) 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 - Bank Of Baroda Through - Branch Manager, Branch Office- Ganjpara, Durg District - Durg (C.G.). 9 - Food Corporation Of India (FCI) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.). ... Respondents (Cause title is taken from Case Information System) 6 / 8 For Petitioners For Respondent No.1/UOI For Respondents/ State For Respondents/Mark. Fed. For Respondents/FCI For Respondent No.8 (in WPC No. 897/2025) : Mr. Akhtar Hussain, Advocate : Ms. Annapurna Tiwari, CGC : Ms. Nupoor Sonkar and Mr. Mayur Khandelwal, Panel Lawyers : Mr. Vikram Sharma, Advocate : Mr. R.S. Patel and Mr. Ashish Sahu, Advocates : Mr. P. R. Patankar, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 13/02/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. For the sake of convenience, the facts of WPC No. 894/2025 are taken into consideration. 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 appearing for the petitioners by referring the communication dated 23/01/2025 issued by the Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, 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) (386071) Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Food and Public Distribution 7 / 8 …….. 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 Raipur-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. 4. Govt. of Chhattisgarh's letter No. एफ 4-9/2023/29-1/पार्ट(cid:6)-1 dated 17.01.2025 एफ 4-9/2023/29-1/पार्ट(cid:6)-1 dated 22.01.2025 Sir, I am directed to refer to Government of Chhattisgarh's letters under reference, on the above subject and to convey approval of the 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, 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 faithfully, Signed by Gokul Nagarkoti Date: 23-01-2025 18:57:29 (Gokul Nagarkoti) Deputy Secretary to Govt. of India 8 / 8 4. Learned counsel for the petitioners submits that the writ petitions
Decision
may be disposed of with a direction to the respondents to accept the custom milling rice for KMS 2023-24 (Kharif crop) subject to joint physical verification by the State government, MARKFED and Food Corporation of India (FCI) as mentioned in communication dated 23/01/2025. 5. Learned counsel appearing for Food Corporation of India, MARKFED and State submit 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 documents. 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 physical verification of the balanced paddy by the State government, Food Corporation of India and MARKFED within a period of seven days from the date of receipt of a copy of this order, in accordance with communication dated 23/01/2025 issued by the Government of India. 8. With the aforesaid observation, these petitions stand disposed of. $. Bhilwar Sd/- (BIBHU DATTA GURU) JUDGE