Nafr High Court
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.09 11:49:26 +0530 2025:CGHC:14533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6440 of 2024 1 - Mukesh Joddar S/o Shri Kokhan Joddar Aged About 21 Years Occupation Ex-Fad Prabhari, Paddy Procurement Center, Belgal, Adim Jati Sewa Sehkari Samiti Maryadit, Bande, Having Registration No. 374, R/o Village - P.V. 91, Chitranjan Nagar, Thana And Tahsil - Bande, District - North Baster Kanker Chhattisgarh. 2 - Umendra Baghel S/o Shri Sunderlal Baghel Aged About 23 Years Occupation - Ex-Fad Prabhari, Paddy Procurement Center, P.V. 89, Adim Jati Sewa Sehkari Samiti Maryadit, Bande, Having Registration No. 374, R/o Village - Nagaldand, Thana And Tahsil - Bande, District North Baster Kanker Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur District Raipur Chhattisgarh 2 - Collector Kanker Distt. - North Baster Kanker Chhattisgarh 3 - Deputy Commissioner Co-Operative And Deputy Registrar Co- Operative Society Kanker, Distt. - North Baster Kanker Chhattisgarh 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Bande Having Registration No. 374, Tahsil - Bande, District - North Baster Kanker Chhattisgarh
Legal Reasoning
5 - Asit Sarkar S/o Shri Akhil Sarkar Fad Prabhari, Paddy Procurement Center, Belgal, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Having 2 Registration No. 374, R/o Village - P.V. 88, Thana And Tahsil - Bande, District - North Baster Kanker Chhattisgarh 6 - Avinash Mandal S/o Shri Subhash Mandal Fad Prabhari, Paddy Procurement Center, P.V. 89, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Having Registration No. 374,thana And Tahsil - Bande, District - North Baster Kanker Chhattisgarh --- Respondent(s) WPC No. 41 of 2025 1 - Rajeev Baidh S/o Shri Sukhranjan Baidh Aged About 22 Years Occupation - Ex-Fad Prabhari, Paddy Procurement Center, P.V. 99 Gautampur, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Having Registration No. 374, R/o Village - P.V. 101, Vishnupur Thana And Tahsil - Bande, District North Baster Kanker Chhattisgarh Versus ---Petitioner 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur Chhattisgarh 2 - Collector Kanker Distt - North Baster Kanker Chhattisgarh 3 - Deputy Commissioner Co-Operative And Deputy Registrar Co- Operative Society Kanker, District North Baster Kanker Chhattisgarh 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Bande, Registration No. 374, Tahsil - Bande, District North Baster Kanker Chhattisgarh 5 - Arjun Vishwas S/o Shri Ranjeet Vishwas Fad Prabhari, Paddy Procurement Center, P.V. 99 Gautampur, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Registration No. 374, Thana And Tahsil - Bande, District - North Baster Kanker Chhattisgarh --- Respondent(s) 3 WPC No. 84 of 2025 1 - Vijay Pradhan S/o Shri Naresh Pradhan Aged About 24 Years Occupation- Ex-Fad Prabhari, Paddy Procurement Center, P.V. 84 Shankarnagar, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Resistration No. 374, R/o Village- P.V. 84, Shankarnagar Thana And Tahsil- Bande, District- North Baster Kanker (C.G.) Versus ---Petitioner 1 - State Of Chhattisgarh Through Secretary Co-Operative Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur (C.G.) 2 - Collector Kanker, Distt.- North Baster Kanker (C.G.) 3 - Deputy Commissioer Co-Operative And Deputy Registrar Co- Operative Society Kanker, District- North Baster Kanker (C.G.) 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Bande, Registration No. 374, Tahsil- Bande, District- North Baster Kanker (C.G.) 5 - Mahesh Bala S/o Shri Mahanand Bala, Fad Prabhari, Paddy Procurement Center, P.V. 84 Shankarnagar, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Registration No. 374, Thana And Tahsil- Bande, District- North Baster Kanker (C.G.) --- Respondent(s) WPC No. 97 of 2025 1 - Kamal Chakrabarty S/o Shri Bhavesh Chakrabarty Aged About 24 Years Occupation - Ex-Fad Prabhari, Paddy Procurement Center Bande, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Having Registration No. 374, R/o. Village - P.V. 79, Shantipur, Thana And Tahsil - Bande, District - North Baster Kanker (C.G.) ---Petitioner Versus 4 State Of Chhattisgarh Through Secretary, Co-Operative 1 - Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur (C.G.) 2 - Collector Kanker Distt. - North Baster Kanker (C.G.) 3 - Deputy Commissioner Co-Operative And Deputy Registrar Co- Operative Society Kanker, District - North Baster Kanker (C.G.) 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Bande, Registration No. 374, Tahsil - Bande, District - North Baster Kanker (C.G.) 5 - Anup Das S/o Shri Gaurang Das Fad Prabhari, Paddy Procurement Center, Bande, Adim Jati Sewa Sehkari Samiti Maryadit, Bande Registration No. 374, Thana And Tahsil - Bande, District- North Baster Kanker (C.G.) --- Respondent(s) WPC No. 6396 of 2024 1 - Pinku Barman S/o Shri Ranjeet Barman Aged About 31 Years Occupation Ex- Fad Prabhari Paddy Procurement Center P.V. 105 Adim Jati Sewa Sehkari Samiti Maryadit Korenar Having Registration No. 693, R/o Village - P.V. 105 Vikaspalli Thana And Tahsil Bande District - North Bastar Kanker (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Co- Operative Department Mahanadi Bhawan Capital Complex Atal Nagar New Raipur District - Raipur (C.G.) 2 - Collector Kanker District - North Bastar Kanker (C.G.) 3 - Deputy Commissioner Co- Operative And Deputy Registrar Co- Operative Society Kanker District - North Bastar Kanker (C.G.) 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit Korenar Having Registration No. 693 Tahsil Bande District - North Bastar Kanker (C.G.) 5 5 - Karan Mistry S/o Shri Manish Mistry Fad Prabhari Paddy Procurement Center P.V. 105 Adim Jati Sewa Sehkari Samiti Maryadit Korenar Having Registration No. 693 R/o Village P.V. 111 Thana And Tahsil Bande District - North Bastar Kanker (C.G.) --- Respondent(s) WPC No. 6443 of 2024 1 - Rakesh Usendi S/o Shri Rajnuram Usendi Aged About 28 Years Center, Occupation- Ex-Fad Prabhari, Chhotebethiya, Maryadit, Chhotebethiya, Having Registration No. 694, R/o Village - P.V. 92, Dharampur, Thana And Tahsil - Bande, District - North Bastar Kanker (C.G.) Paddy Procurement Sewa Sehkari Adim Jati Samiti 2 - Devkumar Kujoor S/o Shri Anuk Say Kujur Aged About 36 Years Occupation- Ex-Fad Prabhari, Center, Chhotebethiya, Sub Center Rengawahi, Adim Jati Sewa Sehkari Samiti Maryadit, Chhotebethiya, Having Registration No. 694, R/o Village - Rengawahi, Thana And Tahsil - Bande, District - North Bastar Kanker (C.G.) Paddy Procurement ---Petitioner(s) Versus State Of Chhattisgarh Through Secretary, Co-Operative 1 - Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur (C.G.) 2 - Collector Kanker Distt. - North Baster Kanker (C.G.) 3 - Deputy Commissioner Co-Operative And Deputy Registrar Co- Operative Society Kanker, District - North Baster Kanker (C.G.) 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Chhotebethiya, Tahsil - Bande, District - North Bastar Kanker (C.G.) 5 - Nilesh Dehari S/o Shri Suraj Dehari Fad Prabhari, Paddy Procurement Center, Chhotebethiya, Adim Jati Sewa Sehkari Samiti Maryadit, Chhotebethiya, Having Registration No. 694, R/o Village - 6 Chhotebethiya, Thana And Tahsil - Bande, District - North Bastar Kanker (C.G.) 6 - Parikshit Mandal S/o Shri Vimal Mandal Fad Prabhari, Paddy Procurement Center, Chhotebethiya, Sub Center Rengawahi, Adim Jati Sewa Sehkari Samiti Maryadit, Chhotebethiya, Having Registration No. 694, Thana And Tahsil - Bande, District - North Bastar Kanker (C.G.) --- Respondent(s) WPC No. 6442 of 2024 1 - Shyamal Vishwas S/o Shri Sushant Vishwas Aged About 23 Years Occupation - Ex-Fad Prabhari, Paddy Procurement Center, Irpanar, Adim Jati Sewa Sehkari Samiti Maryadit, Kurenar Having Registration No. 693, R/o Village - P.V. 109, Gopalpur, Thana And Tahsil - Bande, District North Baster Kanker Chhattisgarh Versus ---Petitioner 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur District Raipur Chhattisgarh 2 - Collector Kanker Distt. - North Baster Kanker Chhattisgarh 3 - Deputy Commissioner Co-Operative And Deputy Registrar Co- Operative Society Kanker, Distt. - North Baster Kanker Chhattisgarh 4 - Prescribed Officer Adim Jati Sewa Sehkari Samiti Maryadit, Kurenar Having Registration No. 693, Tahsil - Bande, District - North Baster Kanker Chhattisgarh 5 - Prabhas Malik Computer Operator/ Procurement Center In-Charge, Irpanar, Society Kurenar, Tahsil - Bande, District - North Baster Kanker Chhattisgarh (Cause-title taken from Case Information System) --- Respondent(s) For Petitioner(s) For State/Respondent(s) : Mr. Satish Gupta, Government Advocate : Mr. Sunil Sahu, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad 7 Order on Board 26/03/2025 1. Heard Mr. Sunil Sahu, learned counsel for the petitioners as well as Mr. Satish Gupta, learned Government Advocate for the State/respondent/s. 2. Since the relief sought for by the Petitioners in the present bunch of Writ Petitions is the same and the Respondent/State of the relevant places are also being the same except the private respondents, all the Writ Petitions are being decided by this common Order. 3. Learned counsel for the petitioners submits that the petitioners are aggrieved by the impugned order dated 06.12.2024 passed by the respondent No.3 by which direction has been issued to the prescribed officer of the Lamps to cancel the appointment/engagement of In-charge of the Paddy Procurement Centers of the Societies mentioning that their engagement is not proper as per the enquiry report and they are also challenging the order impugned dated 10.12.2024 with amended order dated 13.12.2024 passed by prescribed officer of the concerned Adim Jati Sewa Sehkari Samiti Maryadit, having registration No. 374 by which the petitioners have been removed from work and the private respondent/s have been appointed as a Fad Prabhari in Paddy Procurement Centers of the Societies by replacement of the petitioners contrary to the provisions of law. 4. Learned counsel for the petitioners further submits that at the 8 time of their appointment as Fud Prabhari an amount of Rs.3,00,000/- in cash and two cheques for Rs.5,00,000/- each as Guarantor and two blank cheques are being deposited. 5. Learned State counsel opposed the argument advanced by the learned counsel for the petitioners. 6. I have heard learned counsel for parties and perused the docu- ments available in record. 7. Considering the facts and circumstances of the case, particularly considering the fact that at the time of their appointment as Fad Prabhari an amount of Rs.3,00,000/- in cash and two cheques for Rs.5,00,000/- each as Guarantor and two blank cheques were deposited by each petitioner and the period of paddy procure- ment year 2024-25 ended on 31.01.2025, the respondent authori- ties who have taken the aforesaid amount and the blank cheques and sureties are required to return the aforesaid amount and the cheques, accordingly, it is directed to refund the same, as it has been taken in lieu of the appointment of the petitioners as Fad Prabhari for certain period and since they have completed their period of engagement and they have been removed, as such the concerned authorities are directed to return the same within a pe- riod of 30 days, if there is no any other impediment. 8. With aforesaid directions/observations, the Writ Petitions stand
Decision
disposed of. Ravi Mandavi Sd/- (Amitendra Kishore Prasad) Judge