1 - M/s Chhattisgarh Agro Behind Kosa Center, Gurughasidas Ward, Jagdalpur Bastar C.G. Through v. 1 - Union Of India Through - Secretary
Case Details
1 2025:CGHC:8293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.19 16:19:42 +0530 WPC No. 934 of 2025 1 - M/s Chhattisgarh Agro Behind Kosa Center, Gurughasidas Ward, Jagdalpur Bastar C.G. Through- Its Operator/ Controller Mohammed Fahim Navi, Aged About 35 Years S/o Mr. Mohammed Farooq, Resident Of Kumar Para, Ward No. 28, Jagdalpur, Bastar ( C.G. ). 2 - Mohammed Fahim Navi S/o Mr. Mohammed Farooq Aged About 35 Years R/o Kumar Para, Ward No. 28, Jagdalpur, Bastar ( C.G. ). --- Petitioner(s) versus 1 - Union Of India Through - Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhwan, New Delhi. 2 - State Of Chhattisgarh Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur ( C.G. ). 2 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Distt- Raipur ( C.G. ). 4 - Chhattisgarh State Civil Supplies, Corporation Limited, Jagdalpur Bastar, Distt- Bastar ( C.G. ). 5 - Collector ( Food Department ), Jagdalpur Dist- Bastar ( C.G. ). 6 - Distdrict Marketing OfÏcer Chhattisgarh State Co- Operative Marketing Fedration Maryadit, Jagdalpur, Distt- Bastar ( C.G.). 7 - Fodd Corporation Of India Through- Its General Manager, OfÏce At Mowa Raipur ( C.G. ). --- Respondent(s) WPC No. 979 of 2025 1 - M/s Sunrise Rice Industries Village Majarkatta, Raipur Road, Gariyaband, Dist. Gariyaband C.G. Through Its Partner Mohd. Afroz Memon, S/o Ishak Memon, R/o Ward No. 3 Santoshi Para, Gariyaband, Dist Gariyaband C.G. 2 - Mohd. Afroz Memon S/o Ishak Memon Aged About 44 Years Ward No. 3 Santoshi Para, Gariyaband, Dist Gariyaband C.G. ---Petitioner(s) Versus 3 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh, Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi, Atal Nagar, Nawa Raipur, Dist- Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies, Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department), Gariyaband, Dist- Gariyaband (C.G.) 6 - District Marketing OfÏcer, Chhattisgarh State Co-Operative Marketing Federation Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur C.G. --- Respondent(s) WPC No. 980 of 2025 1 - M/s Rashmi Rice Mill, Main Road Nahar Gaon, Gariyaband C.G.
Legal Reasoning
Through Its Proprietor Smt. Rashmi Sahu, Aged About 48 Years, W/o Mr. 4 Rikhi Kumar Sahu, R/o Ward No. 7, Rawanbhata, Gariyaband Dist Gariyaband C.G. 2 - Smt. Rashmi Sahu W/o Mr. Rikhi Kumar Sahu Aged About 48 Years R/o Ward No. 7, Rawanbhata, Gariyaband Dist.- Gariyaband C.G. ---Petitioner(s) Versus 1 - Union Of India Through- Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist.- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar Nawa Raipur, Dist. Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist.- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, Dist.- Gariyaband (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist.- Gariyaband (C.G.) 5 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist.- Raipur C.G. --- Respondent(s) WPC No. 978 of 2025 1 - M/s Jai Chandi Agrotech Kashibahara Komakhan Bagbahra, Mahasamund (C.G.), Through Its Partner Bajrang Agrawal, Aged About 35 Years, S/o Mr. Ganesh Prasad Agrawal, R/o H.No. 131, Ward No. 08, Gurudwara Para, Baghbahra, District Mahasamud (C.G.). 2 - Bajrang Agrawal S/o Mr. Ganesh Prasad Agrawal Aged About 35 Years R/o H.No. 131, Ward No. 08, Gurudwara Para, Baghbahra, District Mahasamud (C.G.). ---Petitioner(s) Versus 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi. 2 - State Of Chhattisgarh Secretary Department Of Food, Civil Supplies And Consumer Protection Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar District Raipur (C.G.). 6 3 - Managing Director, Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, District Raipur (C.G.). 4 - Chhattisgarh State Civil Suppllies, Corporation Limited, Gariyaband, District - Gariyaband (C.G.). 5 - Collector (Food Department), Gariyaband, District - Gariyaband (C.G.). 6 - District Marketing OfÏcer, Chhattisgarh State Co-Operative Marketing Federation Maryadit Gariyaband, District - Gariyaband (C.G.). 7 - Food Corporatin Of India Through Its General Manager Mowa, Raipur, District Raipur (C.G.). --- Respondent(s) WPC No. 981 of 2025 1 - M/s Arihant Agri Foods Village Nagjhar, Nagjhar Pond, Gariyaband, Dist. Gariyaband C.G. Through Its Proprietor Shreyansh Parakh, Aged About 30 Years, S/o Mr. Lalit Parakh, Resident Of Ward No. 9, Sabji Mandi, Gariyaband, Dist. Gariyaband C.G. 2 - Shreyansh Parakh S/o Mr. Lalit Parakh Aged About 30 Years R/o Ward No. 9, Sabji Mandi, Gariyaband, Dist. Gariyaband C.G. ---Petitioner(s) 7 Versus 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, Dist- Gariyaband (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur C.G. --- Respondent(s) WPC No. 988 of 2025 8 1 - M/s Hanuman Rice Mill Village Dhanpunji, Jagdalpur, Dist- Bastar C.G. Through Its Proprietor Mr. Arjun Kumar Gupta R/o Mahara Para Dhanpunji Jagdalpur, Dist- Bastar C.G. 2 - Arjun Kumar Gupta S/o Ramdhani Bisai Aged About 52 Years R/o Mahara Para Dhanpunji Jagdalpur, Dist- Bastar C.G. ---Petitioner(s) Versus 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies, Corporation Limited, Jagdalpur Bastar, Dist Bastar (C.G.) 5 - Collector (Food Department), Jagdalpur, Dist- Bastar (C.G.) 9 6 - District Marketing OfÏcer, Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Jagdalpur, Dist- Bastar (C.G.) 7 - Food Corporation Of India Through Its General Manager, OfÏce At Mowa Raipur C.G. --- Respondent(s) WPC No. 994 of 2025 1 - M/s Ajmeri Industries, Village Paragondih, Tehsil Bindranavagarh, Dist.- Gariyaband C.G. Through Its Partner Mohd. Abid Memon, Aged About 44 Years, S/o Mr. Mod. Ishaque Memon, R/o Ambedkar Chowk, Gariyaband, Dist.- Gariyaband C.G. 2 - Mohd. Abid Memon S/o Mr. Mod. Ishaque Memon Aged About 44 Years R/o Ambedkar Chowk, Gariyaband, Dist.- Gariyaband C.G. ---Petitioner(s) Versus 1 - Union Of Inidia Through- Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan, New Delhi 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, Dist.- Raipur C.G. 10 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar Nawa Raipur, Dist.- Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist.- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, Dist.- Gariyaband (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist.- Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist.- Raipur C.G. --- Respondent(s) WPC No. 997 of 2025 1 - M/s Laxmi Rice Industries Sadbholi Road, Gariyaband, Dist. Gariyaband C.G. Through Its Proprietor Mr. Vijay Kumar Sinha, Aged About 41 Years, S/o Late Jagdish Ram Sinha, Resident Of Purana Mangal Bazar, Ward No. 14, Dist. Gariyaband C.G. 2 - Vijay Kumar Sinha S/o Late Jagdish Ram Sinha Aged About 41 Years R/o Purana Mangal Bazar, Ward No. 14, Dist. Gariyaband C.G. ---Petitioner(s) 11 Versus 1 - Union Of India Through- Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, Dist- Gariyaband (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur C.G. --- Respondent(s) WPC No. 998 of 2025 12 1 - M/s Rajju Bhai Memon Rice Industries Ward No. 4, OfÏce No. 1298, Village Dongarigaon, Tehsil Bindranawagarh, Main Road, Dist. Gariyaband Through Its Proprietor Rizwan Memon, S/o Mr. Abdul Razzak Memon R/o R.K. Medical Stores, Main Road, Bindranawagarh Dist- Gariyaband C.G. 2 - Rizwan Memon S/o Mr. Abdul Razzak Memon Aged About 39 Years R/o R.K. Medical Stores, Main Road, Bindranawagarh Dist- Gariyaband C.G. ---Petitioner(s) Versus 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director, Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies,corporation Limited Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department), Gariyaband, Dist- Gariyaband (C.G.) 13 6 - District Marketing OfÏcer, Chhattisgarh State Co-Operative Marketing Federation Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur C.G. --- Respondent(s) WPC No. 999 of 2025 1 - M/s Shri Ram Rice Industries Village Kochbay, Gariyaband, Dist- Gariyaband Cg Through Its Partner Mr Yugal Kishore Pandey S/o Mr. Baldev Prasad Pandey R/o Village Kochbay, Gariyaband, Dist. Gariyaband C.G. 2 - Yugal Kishore Pandey S/o Mr. Baldev Prasad Pandey Aged About 41 Years R/o Village Kochbay, Gariyaband, Dist. Gariyaband C.G. ---Petitioner(s) Versus 1 - Union Of India Through Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 14 2 - State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist- Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies, Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department), Gariyaband, Dist- Gariyaband (C.G.) 6 - District Marketing OfÏcer, Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist- Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist Raipur C.G. --- Respondent(s) WPC No. 993 of 2025 1 - M/s A D Rice Industries Firm Saudholi Village Saudholi, Gariyaband, Dist. Gariyaband C.G. Through Its Partner Abid Dhebar, Aged About 34 Years, S/o Mr. Gaffar Dhebar, Resident Of Amebdkar Chowk, Ward No. 10, Gariyaband Dist. Gariyaband C.G. 2 - Abid Dhebar S/o Mr. Gaffar Dhebar Aged About 34 Years R/o Amebdkar Chowk, Ward No. 10, Gariyaband, Dist. Gariyaband C.G. 15 Versus ---Petitioner(s) 1 - Union Of India Through- Secretary, Ministry Of Consumer Affairs, Food And Public Distribution Department, Krishi Bhawan New Delhi 2 - State Of Chhattisgarh Through-Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar Dist- Raipur C.G. 3 - Managing Director Chhattisgarh State Market Federation Maryaditi Atal Nagar, Nawa Raipur, Dist Raipur (C.G.) 4 - Chhattisgarh State Civil Supplies Corporation Limited, Gariyaband, Dist- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, Dist- Gariyaband (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Co-Operative Marketing Fedration Maryadit, Gariyaband, Dist. Gariyaband (C.G.) 7 - Food Corporation Of India Through Its General Manager Mowa, Raipur, Dist. Raipur C.G. --- Respondent(s) 16 (Cause title taken from CIS) For Petitioner(s) For Union of India For Markfed : Shri Raza Ali, Advocate. : Shri Tushar Dhar Diwan, CGC. : Shri Vikram Sharma and Shri Shreyansh For State : Shri Satish Gupta, Govt. Advocate, Shri Mehta, Advocate. Khulesh Sahu, Shri Santosh Bharat, Ms. Nupoor Sonkar and Shri Ritesh Giri Panel For Respondent/FCI : Shri R.S. Patel, Advocate. Lawyers. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 18.02.2025 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 2023-24 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:- 17 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/पा्(cid:6)-1 dated एफ 4-9/2023/29-1/पा्(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 18 4. Learned counsel for the petitioners submit that the writ petitions
Decision
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. 8. With the aforesaid observation, the petitions stand disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib