Nafr High Court
Case Details
1 YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.09 19:48:18 +0530 2025:CGHC:21649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2513 of 2025 M/s Mahalaxmi Paddy Processing Ramsagarpara, Raipur, Chhattisgarh Through Its Authorised Partner Mr. Ajay Kumar Agrawal S/o Late Govind Prasad Agrawal, Aged About 38 Years, R/o House No. 5, Amaltas Classic, Sales Tax Colony, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh, Pin-492001 versus ... Petitioner 1 - State Of Chhattisgarh Through The Secretary (Directorate Of Food, Civil Supplies And Consumer Protection), Capitol Complex, Block-2, Iii Floor, Indravati Bhawan, Sector-19, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh, Email- [email protected] 2 - Chhattisgarh State Co-Operative Marketing Federation Limited Through It's Managing Director, 880, Civil Lines, Raipur, Tahsil- Raipur, District- Raipur, Chhattisgarh 3 - District Marketing Officer Chhattisgarh State Co-Operative Marketing Federation Limited, Raipur, Tahsil And District- Raipur, Chhattisgarh 4 - Union Of India Through Secretary, Department Of Food And Public Distribution, Ministry Of Consumer Affairs, Food And Public Distribution Department Of Food And Pd Krishi Bhawan, New Delhi 5 - Food Corporation Of India Through It's Managing Director, 16-20,
Legal Reasoning
Barakhamba Ln, Fire Brigade Lane, Barakhamba, New Delhi, Delhi 110001 2 6 - Chhattisgarh State Civil Supplies Corporation Through Its Managing Director, Hitvad Complex, Avanti Vihar, Raipur, Chhattisgarh, Pin- 492006 7 - Punjab National Bank Through Its Authorised Officer/ Branch Manager, Punjab National Bank Branch- Station Road, Raipur, Chhattisgarh (Cause-title taken from Case Information System) ... Respondents For Petitioner
Legal Reasoning
: Mr. Rajkamal Singh and Mr. Suryapratap Yuddhveer Singh, Advocates For Union of India : Mr. Ramakant Mishra, Dy. Solicitor General For State For MarkFed For Food Corporation of India with Ms. Annapurna Tiwari, Advocate : Mr. Satish Gupta, Government Advocate : Mr. Animesh Tiwari, Advocate : Mr. R.S. Patel, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.05.2025 1 By filing the present writ petition, the petitioner has prayed for following reliefs :- “10.1 This Hon'ble Court may please be kind enough in calling the entire records from the respondents pertaining to the data manged by the respondents in their Data Module and relevant communications. 10.2 This hon'ble Court may please be kind enough in directing the respondents No.1-6 to arrange the Warehouse for depositing the Custom Milled Rice, milled by petitioner Rice Mill under the subject custom Milling Agreements. 3 10.3 This hon'ble court may please be kind enough in restraining the respondents from encashing the petitioners Bank Guarantees & m directing the respondents is receive the custom milled rice at the nearest depot within a suitable time frame. 10.4 This hon'ble court may please be kind enough in directing the respondents to adhere & comply with the terms of the subject custom milling agreements. 10.5 This hon'ble Court may please be kind enough in granting any other relief, interest, compensation, damages & cost of petition.” 2 The petitioner entered into a contract under the Custom Milling Policy for the Kharif Marketing Year 2024-25 with the District Marketing Officer, acting on behalf of the Chhattisgarh State Co- operative Association Limited. The Custom Milled Rice (hereinafter referred to as the ‘CMR’) was to be delivered under the terms of the agreements in the Food Corporation of India in Central Pool of KMS 24-25 or Chhattisgarh Stare Civil Supplies Corporation. As per the terms of the agreement, the petitioner furnished the Bank Guarantees amounting to Rs.9.5 Crores for lifting the Paddy for custom milling, predominantly because the respondents No.2 & 3 could not arrange the warehouses for depositing the the CMR therefore, the custom milling went through hurdles therefore, the CMR and remaining paddy remained stored in the petitioner’s Rice Mill as per prevailing 4 rules. The respondent No.1 through a departmental letter/ circular dated 26th March 2025 instructed all the concerned official in respect of the adjustments & deposits of the CMR. Accordingly the petitioner vide letter dateel 04.04.2025 given its consent for depositing the CMR in the state pool of the Chhattisgarh State Civil Supplies Corporation in KMS 24-25 but on 25.04.2025 the respondent No.3 informed the petitioner that since the name of petitioner’s Rice Mill is shown in the Paddy/Rice shortage list therefore, the interchange between FCL & NAN is locked in the DMS, as such the remaining quantity couldn't be changed from FCI to NAN. The natural consequence of the delayed response dated 24.04.2025 of the respondent No.3 is that, the sureties in the form of the Bank Guarantees furnished by the petitioner may be encashed by the respondents and the petitioner may be termed defaulter for future rice milling agreements and thus suffer serious financial loses those may result unto collapse of his financial capacity leading to closure of petitioner's rice mill that too only because of the wrong entry made by the Markfed in their ‘Date Modules’ wrongly showing the shortage which never reported in actual Physical Verification of the stock at petitioner’s Rice Mill. 3 It is argued by learned counsel appearing for the petitioner that the online portal has been closed, as such the petitioner is not able to deposit the Custom Milled Rice (CMR) for the current Year 2024-25, as such necessary direction may be issued. 5 4 Learned counsel appearing for the respective respondents submit that the petition is premature as when the last date fixed is 10.05.2025 for depositing the Custom Milled Rice (CMR) for the current Year 2024-25 then the petitioner, instead of depositing the same before the respondents authorities, has rushed to this Court. The petitioner should have approached the authorities for depositing the CMR as per the notification dated 26.03.2025. 5 Learned counsel for the Mark-Fed submits that in view of the correspondence dated 26.03.2025 bearing reference No. 4- 9/2024/29-1 issued by State of Chhattisgarh to Mark-Fed regarding shortage of CMR for KMS 2023-24, there is an express direction from the State Government that the rice to be deposited in the State pool shall be exclusive of the shortage identified during the Joint Physical Verification (JPV). 6 Heard learned counsel appearing for the parties and considered the rival submissions. Considering that the notification issued on 26.03.2025, however, even after lapse of one month, the petitioner, instead of depositing the CMR, is making hue and cry when the last date is going to expire on 10.05.2025. Since, according to the notification dated 26.03.2025, the last date fixed for depositing the CMR is 10.05.2025, as such, without entering into the merits of the case, considering the prayer made by the petitioner, it is directed that the balance Customed Milled Rice (CMR) be allowed to be deposited by the petitioner on 6 10.05.2025, as the petitioner has filed this petition on 02.05.2025, subject to abovementioned correspondence and verification of the quantity and quality of the rice. If the online portal is not opened, it may be opened so that the petitioner may deposit the rice. 7 The respondents are directed to inform the respondent - Mark- Fed and other concerned authorities to comply the above order urgently. 8
Decision
With the aforesaid observations and directions, the writ petition is disposed of. Yogesh Sd/ Sd/- (Amitendra Kishore Prasad) Judge