44 +0530 1 - Yash Parboiling Unit Through Its Proprietor - Manmohan Agrawal S/o v. 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers
Case Details
1 2025:CGHC:2926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5871 of 2022 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.17 23:44:44 +0530 1 - Yash Parboiling Unit Through Its Proprietor - Manmohan Agrawal S/o Late Phoon Chand Agarwal Aged About 65 Years, R/o Ward No. 3, Gobara - Nawapara, District - Raipur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti - Rajim Through Its Secretary, District - Gariaband, Chhattisgarh 3 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director / Additional Managing Director, Beej Bhawan, G. E. Road, Telibandha, Raipur, Chhattisgarh 5 - Additional Director, Joint Director - In - Charge, C.G. State Agricultural 2 Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa - Raipur, Chhattisgarh --- Respondent(s) WPC No. 52 of 2023 1 - Laddu Gopal Rice Mill Through Its Partner Girdhari Agrawal S/o Late Jhumuklal Ji Agrawal Aged About 61 Years, R/o Village Paragaon, Tehsil Gobara Nawapara, District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Krishi Upaj Mandi Samiti Rajim, Through Its Secretary, District Gariaband, Chhattisgarh. 3 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh. 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh. 5 - Additional Director, Joint Director-In-Charge, State Agricultural
Legal Reasoning
Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri- Kanpa, Raipur Chhattisgarh. --- Respondent(s) 3 WPC No. 31 of 2023 1 - Shivam Industries Through Its Proprietor Naveen Kumar Lalwani S/o Mahesh Lalwani Aged About 36 Years R/o Village Kurra, Tehsil - Gobara Nawapara, District - Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board Through Its Managing Director/additional Managing Director, Beej Bhawan G.E. Road, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director -In Charge, Chhattisgarh State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandiri-Kanpa, Raipur Chhattisgarh. -- Respondent(s) WPC No. 30 of 2023 1 - Vaibhav Agrotech Pvt. Ltd. Through Its Authorized Signatory Mukesh Agrawal, S/o Prahlad Agrawal Aged About 46 Years, R/o Fingeshwar Road, Rajim, District Gariyaband, Chhattisgarh ---Petitioner(s) Versus 4 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Rajim Through Its Secretary, District Gariaband, Chhattisgarh 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/ Additional Managing Director, Beej Bhawan, G.E.Road, Telibandha, Raipur District Raipur Chhattisgarh 4 - Additional Director Joint Director In-Charge, C.G. State Agricultural Marketing (Mandi), Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri Kanpa, Raipur District Raipur Chhattisgarh --- Respondent(s) WPC No. 33 of 2023 1 - Girdhar Gopal Rice Product Through Its Proprietor Nayan Agrawal S/o Gopal Agrawal Aged About 37 Years, R/o Chhanta Road, Gobara- Nawapara,, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti Rajim Through Its Secretary, District : Gariyabandh, Chhattisgarh 3 - Krishi Upaj Mandi Samiti Nawapara Through Its Secretary, District : Raipur, Chhattisgarh 5 4 - Chhattisgarh State Agriculture Marketing (Mandi) /board Through Its Managing Director/additional Managing Director, Beej Bhawan, G. E. Road Telibandha Raipur, District : Raipur, Chhattisgarh 5 - Additional Director Joint Director- In Charege, Chhattisgarh State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor Pandri- Kanpa Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPC No. 53 of 2023 1 - Vikas Industries Through Its Partner, Kishanchan Sankhala, Aged About 56 Years, R/o Village Patharra, Tehsil Rajim, District Gariyaband Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Famers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Krishi Upaj Mandi Samiti-Rajim Through Its Secretary, District Gariyaband Chhattisgarh 3 - Krishi Upaj Mandi Samiti Nawapara, Through Its Secretary, District Raipur, Chhattisgarh 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board Through Its Managing Director/ Additional Managing Director, Bhawan, Beej Bhawan, G.E.Road, Telibandha, Raipur District Raipur Chhattisgarh 6 5 - Additional Director Joint Director In-Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri Kanpa, Raipur, District Raipur Chhattisgarh --- Respondent(s) WPC No. 57 of 2023 1 - Sai Hanumant Industries Pvt. Ltd. Through Its Authorized Signatory Sandeep Dhamejani S/o Nanak Ram Dhamejani Aged About 39 Years R/o Ghat Road, Village Paragaon, Tehsil Gobara, Nawapara, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District : Raipur, Chhattisgarh 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board Through Its Managing Director/ Additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director-In-Charge Chhattisgarh State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri-Kanpa, Raipur, Chhattisgarh. --- Respondent(s) 7 WPC No. 74 of 2023
Legal Reasoning
1 - Shri Mohini Agrotech Through Its Partner Bhagwan Das Sundrani S/o Late Sadoramal Ji Sundrani Aged About 51 Years R/o Village Gobara, Nawapara, District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District Raipur Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director - In Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 129 of 2023 1 - Shri Laxmi Paddy Processing Unit Through Its Proprietor Santosh Kumar Sundrani, S/o Late Chandulal Ji Sundrani Aged About 53 Years R/o Village - Kurra, Tehsil - Gobara, Nawapara, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 8 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers' Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Rajim Through Its Secretary, District - Gariyaband, Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing ( Mandi) Board, Through Its Managing Director/ Additional Managing Director, Beej Bhawan, G.E. Raod, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director-In-Charge, C.G. State Agricultural Marketing ( Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 35 of 2023 1 - Baanke Bihari Rice Mill Through Its Proprietor - Prateek Agrawal S/o Shri Giridhar Agrawal Aged About 36 Years, R/o Village Kurra, Tehsil - Gobara - Nawapara, District - Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti - Rajim Through Its Secretary, District - Gariaband, Chhattisgarh 3 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District Raipur, Chhattisgarh 9 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director / Additional Managing Director, Beej Bhawan, G. E. Road, Telibandha, Raipur, Chhattisgarh 5 - Additional Director, Joint Director-In- Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh --- Respondent(s) WPC No. 43 of 2023 1 - Radha Krishna Rice Mill Through Its Proprietor, Mohan Agrawal S/o Late Bhagirath Ji Agrawal Aged About 68 Years, R/o Village Paragaon, Tehsil Gobara-Nawapara, District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar District Raipur, Chhattisgarh. 2 - Krishi Upaj Mandi Samiti, Rajim, Through Its Secretary, District Gariaband, Chhattisgarh. 3 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh. 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board Through Its Managing Director/additional Managing Director, Beej Bhawan G.E. Road, Telibandha, Raipur, Chhattisgarh. 10 5 - Additional Director, Joint Director-In-Charge, Chhattisgarh State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor Pandri-Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 73 of 2023 1 - Satnam Industries Through Its Partner Premchand Sundrani S/o Late Aadatmal Ji Sundrani Aged About 68 Years R/o Village Paragaon, Tehsil Gobara Nawapara, District Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Krishi Upaj Mandi Samiti, Rajim Through Its Secretary, District Gariyaband, Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director - In Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 77 of 2023 11 1 - Sagri Agro Product Pvt. Ltd. Through Its Authorized Signatory Mukesh Agrawal Aged About 46 Years R/o Village - Kurra, Tahsil - Gobara, Nawapara, District - Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh 4 - Additional Director, Joint Director-In-Charge C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri- Kanpa, Raipur, Chhattisgarh --- Respondent(s) WPC No. 270 of 2023 1 - Vijay And Company Through Its Proprietor Vijay Agrawal S/o Late Harishchandra Aged About 59 Years R/o Village Kurra, Tahsil - Gabaru, Nawapara, District Raipur Chhattisgarh. ---Petitioner(s) Versus 12 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers, Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh 4 - Additional Director, Joint Director-In-Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandiri-Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 269 of 2023 1 - Gurudev Rice Mill Through Its Proprietor, Gambhirmal Sankhala S/o Late Daulatraj Ji Sankhala Aged About 58 Years, R/o Village Patharra, Tehsil - Rajim, District Gariyaband, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers, Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Krishi Upaj Mandi Samiti - Rajim Through Its Secretary, District - Gariyaband, Chhattisgarh. 3 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District Raipur, Chhattisgarh. 13 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh 5 - Additional Director, Joint Director-In-Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandiri-Kanpa, Raipur, Chhattisgarh. --- Respondent(s) WPC No. 294 of 2023 1 - Rudra Industries Through Its Partner - Sawan Lalwani S/o Shri Mahesh Lalwani Aged About 32 Years, R/o Village Choubebandha, Gariyaband Road, Rajim, District - Gariyaband, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District - Raipur, Chhattisgarh 3 - Krishi Upaj Mandi Samiti - Rajim Through Its Secretary, District - Gariaband, Chhattisgarh 4 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director / Additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh 14 5 - Additional Director, Joint Director-In- Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh --- Respondent(s) WPC No. 90 of 2023 1 - Shri Ganesh Rice Mill Through Its Partner Prakash Chand Bothra S/o Late Ranulal Ji Bothra Aged About 71 Years R/o Village Tarri, P.O. Patewa, Tehsil Gobara Nawapara, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture Development And Farmers Welfare And Bio Technology, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Krishi Upaj Mandi Samiti, Nawapara Through Its Secretary, District Raipur Chhattisgarh. 3 - Chhattisgarh State Agricultural Marketing (Mandi) Board, Through Its Managing Director/additional Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, Chhattisgarh. 4 - Additional Director, Joint Director - In Charge, C.G. State Agricultural Marketing (Mandi) Board, Regional OfÏce, New Ganj Mandi, First Floor, Pandri - Kanpa, Raipur, Chhattisgarh. (Cause title taken from CIS) --- Respondent(s) For Petitioner(s) : Shri Ankit Singhal and Shri Ashish Mittal, Advocates For Respondent/State : Shri Anmol Sharma, Panel Lawyer For Respondent/Mandi : Shri Amrito Das, Shri Pankaj Agrawal, Shri Board Rakshit Tiwari, Shri Shreyansh Mehta and Shri Raghvendra Pradhan , Advocates 15 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 16.01.2025 1. Since the common facts and grounds involved in all these petitions, they are being considered and decided by this common order. For the sake of convenience, the pleadings and documents of WPC No.5871 of 2022 are being referred. 2. By the present writ petitions, the petitioners are questioning the impugned orders passed by the respondent Krishi Upaj Mandi Samiti and the Additional Managing Director, Chhattisgarh Rajya Krishi Vipnan Board by which the said authorities refused to refund the excess market fee/Mandi Shulk and farmer welfare fees/Krishak Kalyan Shulk to the petitoners that too without conducting any enquiry into the averment made by the petitioners and without affording opportunity to the petitioners to examine and rebut the arguments relied upon by them. 3. Learned counsel for the petitioners would submit that the communication/ impugned letter by which the application moved by the petitioners for refund of excess market fee/Mandi Shulk and farmer welfare fees/Krishak Kalyan Shulk has been rejected is illegal, arbitrary and not at all sustainable. It has been reflected from the order impugned that the application of the petitioner has been rejected on the ground with the assumption that the petitioners must have collected the said fee from their respective customers while selling paddy. 4. Learned counsel appearing for the respondent Krishi Upaj Mandi 16 and Mandi Board, per contra, would submit that the finding that the petitioners have collected fees from the customer has been given after asking the petitioners about the same by the concerned Mandi and hence the finding that the petitioners have collected the fee from the customers is just and proper and the rejection of refund as sought for by the petitioners is with sufÏcient reason and there is no illegality in the rejection of the application. 5. I have heard learned counsel appearing for the parties and perused the impugned orders, particularly the impugned order dated 23.09.2022 passed by the Additional Managing Director, CG Rajya Krishi Vipnan Board, Raipur. 6. From perusal of the impugned orders, it is manifest that the authorities have observed that the petitioners have collected the fee from their respective customer/purchaser and as the petitioners have already collected the fee from their respective customers, no question arises to refund the same to the petitioners. It appears from the impugned order dated 23.09.2022 that the finding has been recorded without any examination and without observing the principles of natural justice and only on assumption that the petitioners have collected the fee from the customers, the application for refund has been rejected. 7. The order impugned does not reflect that any explanation sought from the petitioners and there is no consideration about the explanation, if any, made by the petitioners. Refusal of the application of the petitioners for refund of fee is a non-speaking and 17 unreasoned order that too without examining the fact as to whether the petitioners have collected the fee from their respective customers or not. 8. In view of foregoing, in all the petitions the impugned orders passed by the respondent Krishi Upaj Mandi Samiti and the Additional Managing Director, Chhattisgarh Rajya Krishi Vipnan Board are quashed. 9. As a sequel, all the writ petitions are allowed. However, the respondent/Mandi Board is directed to pass a fresh order by examining the fact as to whether the petitioners have collected the fee in question from their respective customers or not by providing sufÏcient opportunity of hearing to the petitioners. 10. The petitioners are also directed to produce the documentary evidence before the board showing that they have not collected the alleged fee from his customers. Sd/- (Bibhu Datta Guru) Judge Gowri/Shoaib