1 - Mohammad Kasim (Proprietor Of Kanker Rice Mill) S/o Mohd. Yakub Khan Aged v. 1 - Union Of India Through - Deputy Secretary, Ministry Of Consumer Affairs, Food
Case Details
1 2025:CGHC:27582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3104 of 2025 1 - Mohammad Kasim (Proprietor Of Kanker Rice Mill) S/o Mohd. Yakub Khan Aged About 52 Years Business Place And Residence At Village- Jamgaon, Tehsil - Narharpur, District- North Bastar, Kanker (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 Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited, Kanker, District - Kanker (C.G.) 5 - Collector (Food Department) Kanker, District- Kanker (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Cooperative Marketing Federation Limited, Kanker, District - Kanker (C.G.) 7 - Food Corporation Of India (Fci) Regional OfÏce - Mova, Vidhan Sabha Marg, Raipur, District - Raipur (C.G.) 2 WPC No. 3175 of 2025 ----Respondents 1 - Ekant Kaushik (Proprietor Of Kaushik Rice Industries), S/o Pawan Kumar Kaushik, Aged About 35 Years, Business Address Modi Matwada, Saranpal, Narharpur Road, Kanker, District North Bastar Kanker, C.G., R/o Jawahar Ward, Kanker, Tehsil And District North Bastar Kanker 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 Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 - C.G. State Civil Supplies Corporation Limited Kanker, District Kanker Chhattisgarh. 5 - Collector (Food Department) Kanker, District Kanker Chhattisgarh. 6 - District Marketing OfÏcer Chhattisgarh State Cooperative Marketing Federation Limited, Kanker, District Kanker Chhattisgarh. 7 - Food Corporation Of India (Fci) Regional OfÏce Mova, Viahan Sabha Marg, Raipur District Raipur Chhattisgarh. --- Respondent(s) WPC No. 3167 of 2025
Legal Reasoning
1 - Kushali Jain (Proprietor Of Shankar Rice Mill), Wife Of Shri Jawahar Chhajed Chhajed, Aged About 56 Years, Business Address Village Jhipatola, Lakhanpuri, Tehsil Charama, District Kanker Chhattisgarh Present R/o 13 Lattipara, Kanker, District North Bastar Kanker 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 3 Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Managing Director Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 - C.G. State Civil Supplies Corporation Limited Kanker, District Kanker Chhattisgarh. 5 - Collector (Food Department) Kanker, District Kanker Chhattisgarh. 6 - District Marketing OfÏcer Chhattisgarh State Cooperative Marketing Federation Limited, Kanker, District Kanker Chhattisgarh. 7 - Food Corporaton Of India (Fci) Regional OfÏce Mova, Vidhan Sabha Marg, Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPC No. 3157 of 2025 1 - Gokul Ram Sahu S/o Late Johan Ram Aged About 75 Years (Proprietor Of Radha Rice Mill), Village- Lakhanpuri, Tehsil- Charama, District- North Bastar, Kanker (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 Cooperative Marketing Federation Limited Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 4 - C.G. State Civil Supplies Corporation Limited Kanker, District- Kanker (C.G.) 5 - Collector (Food Department) Kanker, District- Kanker (C.G.) 6 - District Marketing OfÏcer Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 7 - Food Corporation Of India (Fci) Regional OfÏce- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.) --- Respondent(s) 4 WPC No. 3130 of 2025 1 - Santosh Sahu (Proprietor Of Santosh Chawal Udyog Charama), S/o Late Duwaru Ram, Aged About 57 Years, Business Address Charama, Tehsil Charama, District North Bastar Kanker Chhattisgarh, R/o Ward No. 13, Nakapara, Teshil Charama, District North Bastar Kanker 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 Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 - C.G. State Civil Supplies Corporation Limited Kanker District Kanker Chhattisgarh. 5 - Collector (Food Department) Kanker, District Kanker Chhattisgarh 6 - District Marketing OfÏcer Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 7 - Food Corporation Of India (Fci) Regional OfÏce - Mova, Vidhan Sabha Marg, Raipur, District Raipur Chhattisgarh. ---Respondent/s (Cause-title taken from Case Information System) For Petitioner For Respondent-UOI For Respondent-State For Respondent-MARKFED For Respondent-FCI : : : : : Mr. Nitesh Jain, Advocate Ms. Anmol Sharma, CGC. Ms. Upasana Mehta, Dy. G.A. Mr. Shreyansh Mehta, Advocate Mr. R.S. Patel, Advocate Hon’ble Shri Arvind Kumar Verma Order on Board 25/06/2025 1. The contents and factual matrix involved in all the writ petitions would reveal 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 5 order. 2. Writ petition No. 3104 of 2025 has been taken as lead case in order to decide the issues involved in all these petitions. 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 FCI Arwa custom milled rice CMR of 7654.52 Quintals and Nan Arwa custom milled rice (CMR) of 0.002 quintals of Kharif year KMS 2023-24 in the light of notification dated 29.05.2025 issued by respondent no. 2 i.e. by 30.06.2025 with further extension as and when issued by notification by respondent authorities (if required). (II) That Hon'ble Court may further direct the concerned respondents not to take any type of action against the petitioner's firm with regard to recovery of amount of balance CMR from the FDR/ Bank guarantee/PDC given by the petitioner as security against the agreement of custom milling of rice for year 2023-24, till the extended date for depositing remaining balance CMR of the KMS 2023-24. (III) This Hon'ble Court May kindly be pleased to direct the concerned respondent to accept the deposit/ submission of CMR for this current year 2024-2025 as already the petitioner has uplifted the Paddy and ready and willing to deposit the CMR as per the Custom milling agreement and license of the petitioner's firm has been executed for the year 2024-25. (IV) That this Hon'ble Court May kindly be pleased to direct the respondent concerned to grant stake in favor of the petitioner and may direct the NIC to open the wing (ID), FCI portal so that remaining amount of CMR can be 6 deposited efÏciently. (V) This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit and just in the facts and 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 OfÏcer, acting on behalf of the Chhattisgarh State Co-operative Association Limited. The agreement executed in accordance with the Chhattisgarh Government’s Custom Milling Instructions issued. The petitioner is aggrieved by the inaction of the concerned respondent, whereby the concerned respondent is not accepting the 7964.52 quintals of FCI Arwa custom milled rice and 0.002 quintals of Nan Arwa custom milled rice, even after the direction issued by this Hon'ble Court in the leading case of WPC No. 529/2025 and also in the leading case of WPC No. 2373/2025 and notification dated 26/03/2025 and 30/04/2025 issued by the respondent no.2, whereby the respondent no. 3 has been directed to accept the CMR of Kharif Year 2023-2024 from the rice miller till last date 10.05.2025. Thereafter as per the notification dated 29.05.2025, the deadline for CMR submission for Kharif 2023-24 has been extended from 10.05.2025 to 30.06.2025. 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 7 7964.52 quintals of FCI Arwa (CMR) of 2023-24 and ensure compliance with the principle of natural justice. 4. It is argued by learned counsel appearing for the petitioner that respondent authorities is not accepting CMR for KMS 2023-24 of the petitioners and 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 the last date is fixed i.e. 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 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 Custom Milled Rice (CMR) be allowed to be deposited by the 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
Decision
petitions are disposed of. CC as per rules. (Arvind Kumar Verma) Judge Sd/- Jyoti