Kedar Nath v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Food And Civil Supplies And

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Akhilesh Kumar Srivastava, Advocate who has filed vakalatnama on behalf of the opposite parties no. 2 & 5, which is taken on record.

2. This writ petition has been filed with the following main prayer:- "i. Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no.5 to forward the resolution/recommendation for the petitioner society to the opposite party no.3 forthwith directing the opposite party no.3 to allocate the petitioner society as a purchase centre for Kharif Season for purchase of paddy crops for the year 2025-2026 forthwith."

3. It is the case of the petitioner that it is a Bahu Uddeshiya Primary Level Cooperative Society(B-PACS) working in Block Sadar, District Pratapgarh since the year 2011-12 and has also been working as purchase center for the opposite party no.2 i.e. P.C.F. for wheat and paddy from the farmers of the area. The petitioner Society had been allocated purchase center up to the year 2022-2023 for the purchase of wheat, but in the year 2022-23 during paddy season purchase center was not allotted to the society. The petitioner had complained against longstanding arrears and 2 WRIC No. 9557 of 2025 irregularities on the part of the opposite party no.5, as a result whereof being prejudiced against the petitioner it was not allotted the paddy purchase center for the year 2022-23. The petitioner was not allotted center again in 2023-24. The Society approached the opposite party no. 3 in this regard and a three member inquiry committee was constituted, a detailed inquiry was held and the Committee came to the conclusion that the opposite party no.5 is liable to pay a sum of Rs.36,39,918.88/- to the petitioner Society for purchase of wheat and paddy from the year 2011-12 to the year 2022-23 and requesting that necessary action be taken in the matter. On 11.04.2023, an order was issued by the Deputy Registrar requiring the opposite party no.5 indicating the liability of Rupees Thirty Six Lacs and all as aforesaid. However, no payment was made. No payment of yearly commission was also made to the petitioner. The petitioner approached this Court in Writ Petition, bearing Writ-C No. 4054 of 2023, which was disposed of by this Court on 19.05.2023 directing the opposite party no.5 to take a decision on the representation of the petitioner. When payment was refused by order dated 27.06.2023, the petitioner again approached this Court in Writ Petition, bearing Writ- C No. 6878 of 2023. The Court directed exchange of pleadings, till date no counter affidavit has been filed in the pending writ petition.

4. Again, the Society passed a resolution regarding it to be considered as purchase center on 25.01.2024 for wheat. Such resolution alongwith the application was submitted to the opposite party no. 4, which was forwarded to the opposite party no.5, no action was taken on the application of the petitioner. The petitioner filed a Writ Petition, bearing Writ-C No. 4402 of 2024 in which an order was passed on 17.05.2024 commanding the respondents to take an appropriate decision in the matter, as expeditiously as possible. However, no action was taken and Contempt Petition was filed thereafter. Notices were issued to the opposite party nos. 2, 3 and 5. In the meantime, paddy Purchase Policy was promulgated for the year 2024-25 by the opposite party no. 1. The petitioner Society again approached for the allotted purchase center. The opposite party no.3, however, rejected the claim of the petitioner on the basis of allegations leveled against it. The petitioner challenged such order in Writ Petition, bearing Writ-C No.10880 of 2024, which writ 3 WRIC No. 9557 of 2025 petition is also pending. The Court had directed that the pendency of the writ petition would not come in the way of petitioner being consider again for allotment of purchase center for paddy or wheat crops. The Commissioner and Registrar Co-operative issued a letter on 17.04.2025 and again on 11.05.2025 to all the Additional Registrars/ Commissioners for filing counter affidavit in the pending writ petitions, but no counter affidavit has been filed. The petitioner Society is being prejudiced only because it had approached this Court for payment of its dues of more than Thirty Four Lacs. The opposite party no. 3 has passed an order on

22.08.2025 allotted paddy purchase centers to other societies, despite a recommendation being made for the petitioner Society by the opposite party no.5. Hence this writ petition has been filed.

5. Learned counsel appearing for the opposite party no. 2 & 5 has stated on the basis of the instructions that because of irregularities in timely deposits of custom milled rice and also in depositing the wheat purchased by it earlier, the Society cannot be considered. However, no order has been passed by the Competent Authority rejecting the claim of the petitioner till date for being allotted purchase centers for paddy crop for the year 2025-26.

6. Accordingly, the writ petition is disposed of with a direction to the respondent no.3 to pass an appropriate order expeditiously, say, within a period of two weeks from the date a copy of this order is produced before him, taking into account the recommendations made by the respondent no.4 to the respondent no. 5, allegedly in favour of the petitioner. A copy of such recommendation has also been filed as Annexure No. 22 to the writ petition, which in fact has not been forwarded to the District Magistrate till date, as has been reliably learned by the petitioner.

7. However, it is clarified that this Court has not entered into the merits of the claim of the petitioner. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) October 6, 2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Akhilesh Kumar Srivastava, Advocate who has filed vakalatnama on behalf of the opposite parties no. 2 & 5, which is taken on record.

2. This writ petition has been filed with the following main prayer:- "i. Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no.5 to forward the resolution/recommendation for the petitioner society to the opposite party no.3 forthwith directing the opposite party no.3 to allocate the petitioner society as a purchase centre for Kharif Season for purchase of paddy crops for the year 2025-2026 forthwith."

3. It is the case of the petitioner that it is a Bahu Uddeshiya Primary Level Cooperative Society(B-PACS) working in Block Sadar, District Pratapgarh since the year 2011-12 and has also been working as purchase center for the opposite party no.2 i.e. P.C.F. for wheat and paddy from the farmers of the area. The petitioner Society had been allocated purchase center up to the year 2022-2023 for the purchase of wheat, but in the year 2022-23 during paddy season purchase center was not allotted to the society. The petitioner had complained against longstanding arrears and 2 WRIC No. 9557 of 2025 irregularities on the part of the opposite party no.5, as a result whereof being prejudiced against the petitioner it was not allotted the paddy purchase center for the year 2022-23. The petitioner was not allotted center again in 2023-24. The Society approached the opposite party no. 3 in this regard and a three member inquiry committee was constituted, a detailed inquiry was held and the Committee came to the conclusion that the opposite party no.5 is liable to pay a sum of Rs.36,39,918.88/- to the petitioner Society for purchase of wheat and paddy from the year 2011-12 to the year 2022-23 and requesting that necessary action be taken in the matter. On 11.04.2023, an order was issued by the Deputy Registrar requiring the opposite party no.5 indicating the liability of Rupees Thirty Six Lacs and all as aforesaid. However, no payment was made. No payment of yearly commission was also made to the petitioner. The petitioner approached this Court in Writ Petition, bearing Writ-C No. 4054 of 2023, which was disposed of by this Court on 19.05.2023 directing the opposite party no.5 to take a decision on the representation of the petitioner. When payment was refused by order dated 27.06.2023, the petitioner again approached this Court in Writ Petition, bearing Writ- C No. 6878 of 2023. The Court directed exchange of pleadings, till date no counter affidavit has been filed in the pending writ petition.

4. Again, the Society passed a resolution regarding it to be considered as purchase center on 25.01.2024 for wheat. Such resolution alongwith the application was submitted to the opposite party no. 4, which was forwarded to the opposite party no.5, no action was taken on the application of the petitioner. The petitioner filed a Writ Petition, bearing Writ-C No. 4402 of 2024 in which an order was passed on 17.05.2024 commanding the respondents to take an appropriate decision in the matter, as expeditiously as possible. However, no action was taken and Contempt Petition was filed thereafter. Notices were issued to the opposite party nos. 2, 3 and 5. In the meantime, paddy Purchase Policy was promulgated for the year 2024-25 by the opposite party no. 1. The petitioner Society again approached for the allotted purchase center. The opposite party no.3, however, rejected the claim of the petitioner on the basis of allegations leveled against it. The petitioner challenged such order in Writ Petition, bearing Writ-C No.10880 of 2024, which writ 3 WRIC No. 9557 of 2025 petition is also pending. The Court had directed that the pendency of the writ petition would not come in the way of petitioner being consider again for allotment of purchase center for paddy or wheat crops. The Commissioner and Registrar Co-operative issued a letter on 17.04.2025 and again on 11.05.2025 to all the Additional Registrars/ Commissioners for filing counter affidavit in the pending writ petitions, but no counter affidavit has been filed. The petitioner Society is being prejudiced only because it had approached this Court for payment of its dues of more than Thirty Four Lacs. The opposite party no. 3 has passed an order on

22.08.2025 allotted paddy purchase centers to other societies, despite a recommendation being made for the petitioner Society by the opposite party no.5. Hence this writ petition has been filed.

5. Learned counsel appearing for the opposite party no. 2 & 5 has stated on the basis of the instructions that because of irregularities in timely deposits of custom milled rice and also in depositing the wheat purchased by it earlier, the Society cannot be considered. However, no order has been passed by the Competent Authority rejecting the claim of the petitioner till date for being allotted purchase centers for paddy crop for the year 2025-26.

6. Accordingly, the writ petition is disposed of with a direction to the respondent no.3 to pass an appropriate order expeditiously, say, within a period of two weeks from the date a copy of this order is produced before him, taking into account the recommendations made by the respondent no.4 to the respondent no. 5, allegedly in favour of the petitioner. A copy of such recommendation has also been filed as Annexure No. 22 to the writ petition, which in fact has not been forwarded to the District Magistrate till date, as has been reliably learned by the petitioner.

7. However, it is clarified that this Court has not entered into the merits of the claim of the petitioner. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) October 6, 2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench