Abid Dhebar (Partner -M/s A D Rice Industries), Aged About 35 Years S/o Gaffar v. 1 - Union Of India Through Deputy Secretary, Ministry Of Consumer Affairs Food And
Case Details
1 2025:CGHC:26412 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3033 of 2025 Abid Dhebar (Partner -M/s A D Rice Industries), Aged About 35 Years S/o Gaffar Dhebar, R/o Ambedkar Chowk Ward No. 10, Gariyaband District - Gariyaband (C.G.) Firms Address- Village Saudholi Gariyaband District - Gariyaband (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 Delhi Distribution Bhawan Krishi New 2 - State Of Chhattisgarh Through Secretary Department Of Food Civil Supplies And Consumer Protection Mahanadi Bhawan Mantralaay 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 Gariyaband District - Gariyaband (C.G.) 5 - Collector (Food Department Gariyaband District - Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food Civil Supplies And Consumer Protection Gariyaband District - Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office Mova Vidhan, Sabha Marg Raipur District - Raipur (C.G.) --- Respondent(s) WPC No. 3091 of 2025 Shreyansh Parakh, (Proprietor-M/s Arihant Agri Foods) S/o Lalit Parakh Aged About 30 Years R/o - Ward No. 9, Sabji Mandi, 2
Legal Reasoning
Gariyaband, Dist- Gariyaband (C.G.), Firm's Address- Village Nagjhar, Nagjhar Pond, Gariyaband, Dist- Gariyaband (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, Gariyaband, District - Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District - Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District - Gariyaband (C.G.). 7 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3045 of 2025 Arif Memon (Partner- M/s Gayatri Udhyog) S/o. Ayyub Memon Aged About 45 Years R/o. Village - Jhakhrapara, Tahsil - Deobhog, Dist. Gariyaband (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, Dist. Raipur (C.G.) 3 4 - C.G. State Civil Supplies Corporation Limited, Gariyaband, District - Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District - Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District - Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) --- Respondent(s) WPC No. 3050 of 2025 Rashmi Sahu (Proprietor - Rashmi Rice Mill) W/o Rikhi Kumar Sahu Aged About 48 Years R/o Ward No.-7, Ravanbhatha, Gariyaband, District - Gariyaband (C.G.), Firms Address - Kh.No.-1721, Main Road, Nahargaon, District - Gariyaband (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, District - Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited Gariyaband, District - Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District - Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District - Gariyaband (C.G.) 7 - Food Corporation Of India (F.C.I.) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) --- Respondent(s) 4 WPC No. 3076 of 2025
Legal Reasoning
Yugal Kishore Pandey (Partner- M/s Shri Ram Industries), S/o Baldev Prasad Pandey Aged About 41 Years R/o Village- Kochbay, Gariyaband, Dist- Gariyaband (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 Marketing Federation Maryadit Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited, Gariyaband, District- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District- Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District- Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3085 of 2025 Bajrang Agrawal (Partner-M/s Jai Chandi Agrotech) S/o Ganesh Prasad Agrawal Aged About 35 Years Firms Address - Gariyaband - Chhura Road, Village- Kokdi, Distt.- Gariyaband (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. 5 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 Gariyaband, District- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District- Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District- Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office - Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3115 of 2025 Mohd. Afroz Memon (Partner- M/s Sunrise Industries), S/o Ishak Memon Aged About 44 Years R/o Ward No. 3 Santoshipara, Gariyaband, Dist- Gariyaband (C.G.) Firms Address- Village- Dist- Gariyaband (C.G.) Majarkatta, Raipur Road, Gariyaband, ---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, Gariyaband, District- Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District- Gariyaband (C.G.) 6 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District- Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3101 of 2025 Rizwan Memon (Proprietor- M/s Rajju Bhai Memon Rice Industries) S/o Abdul Razzak Memon Aged About 39 Years R/o R.K. Medical Stores, Main Road, Bindranawagarh, Dist- Gariyaband (C.G.) Address- Village- Ward No.4, Office No. 1298, Village Firms Dongarigaon Main Road, Bindranawagarh, Dist- Gariyaband, (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 Marketing Federation Maryadit Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited, Gariyaband, District Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District- Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District- Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3094 of 2025 Vijay Kumar Sinha S/o. Late Jagdish Ram Sinha Aged About 41 Years (Proprietor - M/s. Laxmi Rice Industries), R/o. Purana Mangal Bazar, Ward No. 14, District - Gariyaband (C.G.) Firm's Address - Sadbholi Road, Gariyaband, District - Gariyaband (C.G.) ---Petitioner(s) 7 Versus 1 - Union Of India Through - Deputy 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, New Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Managing Director Chhattisgarh State Marketing Federation Maryadit, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited Gariyaband, District - Gariyaband (C.G.) 5 - Collector (Food Department) Gariyaband, District - Gariyaband (C.G.) 6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Gariyaband, District - Gariyaband (C.G.) 7 - Food Corporation Of India (Fci) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) ... Respondent(s) : Ms. Reena Singh, Advocate. : Mr. Tushar Dhar Diwan, Advocate. For Petitioner For Respondent/UIO For Respondent/State : Mr. Praveen Das, Dy. AG. For Respondent-MARKFED : Mr. Shreyansh Mehta, Advocate For Respondent-FCI : Mr. RS Patel, Advocate with Mr. Ashish Sahu, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/06/2025 1. The contents and factual matrix involved in all the writ petitions would revel that the bone of contention in these writ petitions are one and the same, as such, all these writ petitions are clubbed together, heard together and are being decided by this common order. 8 2. Writ petition No.3033 of 2025 has been taken as lead case in order to decide the issues involved in this matter. The petitioner in the said writ petition has prayed for following reliefs : “(I). That, this Hon'ble Court may kindly be pleased to direct the concerned respondent to accept the balance of CMR of 3131.85 Quintals (313.18 M.T.) of Kharif Year 2023-24 in the light of notification dated 29.05.2025 issued by respondent no. 3 (whereby the time to deposit the CMR of the year 2023-24 has been further extended till 30.06.2025), and may set aside the order dated 06.06.2025 issued by respondent no.6 in the interest of justice. (ii) That, the Hon'ble High Court may further protect the petitioner from Recovery by respondents, either-by forfeiting/ confiscation of the bank guarantee/ FDR and Post Dated Cheques of the petitioner deposited as security with the bank for this Kharif year 2023-24 or by any other mode or manner, in the interest of justice. (iii) This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case.” 3. Facts relevant for disposal of this writ petition are that the petitioner entered into a contract under the Custom Milling Policy for the Kharif Marketing Year 2023-24 with the District Marketing Officer, acting on behalf of the Chhattisgarh State Co-operative Association 9 Limited. As per the agreement, executed in accordance with the Chhattisgarh Government’s Custom Milling Instructions issued via letter dated 05.10.2023. The petitioner is aggrieved by impugned recovery order dated 06.06.2025 passed by respondent no.6, which has been received to the petitioner on 12.06.2025, whereby the respondent has ordered the petitioner to deposit Rupees One Crore Sixteen Lakhs (Rs. 1.16 Crore) within 15 days otherwise the said Recovery amount will be recovered from the Bank Guarantee/FDR deposited by the petitioner in lieu of Custom Milling of paddy in the Kharif Marketing Year 2023-24, by non -accepting the balance of 3131.85 Quintals (313.18 M.T.) of CMR (Custom Milled Rice) of 2023-24, without considering the recommendation of respondent no.5 (Collector) sent to respondent no.2, without giving any notice and affording the opportunity to the petitioner, which is completely against the principle of natural justice and bad in the eyes of law. The copy of impugned Recovery order dated 06.06.2025 issued by the respondent no.6 is filed herewith as Annexure P-1. As per the notification dated 29.05.2025, the deadline for CMR submission for Kharif 2023-24 was extended from 10.05.2025 to 30.06.205. Yet, the petitioner remains unable to fulfill his contractual obligations due to inaction on the part of the respondents in unlocking the portal. Aggrieved by this discrimination and administrative inaction, the petitioner has filed the present petition seeking directions to accept the balance 3131.85 Quintals of CMR (Custom Milled Rice) of 2023- 24 and ensure compliance with the principles of natural justice. 10 4. 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 2023-24, as such necessary direction may be issued. 5. Learned counsel appearing for the respective respondents submit that the petition is premature as when the last date fixed is 30.06.2025 for depositing the Custom Milled Rice (CMR) for the current Year 2023-24 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 29.05.2025. 6. 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). 7. Heard learned counsel appearing for the parties and perused the material/documents available on record. 8. Considering facts of the case, pleadings made in the writ petitions, submissions of counsel for the respective parties, further the fact that notification was issued on 29.05.2025 and last date for depositing the CMR is extended upto 30.06.2025, as such, without entering into the merits of the case, it is directed that the balance Customed Milled Rice (CMR) be allowed to be deposited by the 11 petitioners on 30.06.2025, subject to abovementioned correspondence and verification of the quantity and quality of the rice and shortage if any etc. If the online portal is not opened, it may be opened so that the petitioners may deposit the rice. 9. The respondents are directed to inform the respondent - Mark-Fed and other concerned authorities to comply the above order urgently. 10. With the aforesaid observations and directions, above writ petitions
Decision
are disposed of. CC as per rules. J/- Sd/- (Arvind Kumar Verma) Judge