Chattisgarh High Court
Rakesh Kumar vs The Union Of India on 12 June, 2025
1
2025:CGHC:23343
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2691 of 2025
Yadavram Janghel S/o Shri Vedram Janghel Aged About 52 Years At Present
Society Manager Seva Sahkari Samiti Maryadit Udaypur, R.N. No. 104, Paddy
Procurement Center Udaypur Add - Village - Kotra, Post Udaypur, Tehsil
Chhuikhadan Distt. Khairagarh-Chhuikhadan-Gandai Chhattisgarh
--- Petitioner(s)
versus
1 - The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 - The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, Chhattisgarh 492002
5 - The Collector Khairagarh-Chhuikhadan-Gandai District Khairagarh-
Chhuikhadan-Gandai Chhattisgarh
6 - The District Markeging Officer Khairagarh-Chhuikhadan-Gandai District
Khairagarh-Chhuikhadan-Gandai Chhattisgarh
7 - The Chief Executive Officer Cooperative Central Bank Maryadit Rajnandgaon
District Rajnandgaon Chhattisgarh
2
8 - The Deputy Registrar Cooperative Society Khairagarh-Chhuikhadan-Gandai
District Khairagarh-Chhuikhadan-Gandai Chhattisgarh
--- Respondent(s)
WPC No. 2692 of 2025
1 – Lomash Singh Thakur S/o Shri Paretan Singh Aged About 50 Years At Present
Society Manager, Seva Sahkari Samiti Maryadit Manikchoura, R.N. No.-983,
Paddy Procurement Center Manikchoura, Add. – Village – Biranpur Kala, Post –
Daniya, Tehsil – Gandai, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, C.G.O. Complex, Lodhi Road, Behind N.I.A. Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers, Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited,
Office At 6th Floor, Tower-C, Commercial Complex, C.B.D. Sector 21, Atal
Nagar, District – Raipur (C.G.) 492002
5 – The Collector Khairagarh-Chhuikhadan-Gandai, District – Khairagarh-
Chhuikhadan-Gandai (C.G.)
6 – The District Marketing Officer Khairagarh-Chhuikhadan-Gandai, District –
Khairagarh-Chhuikhadan-Gandai (C.G.)
7 – The Chief Executive Officer Cooperative Central Bank Maryadit
Rajnandgaon, District – Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Khairagarh-Chhuikhadan-Gandai,
District – Khairagarh-Chhuikhadan-Gandai (C.G.)
— Respondent(s)
3
WPC No. 2693 of 2025
1 – Ishwarlal Shrivas S/o Vijay Ram Shrivash Aged About 54 Years At Present
Society Manager Adim Jati Seva Sahkari Samiti Maryadit Bortalav R.N. No.
1079, Paddy Procurement Center Bortalav Add Village Bortalav Post Bortalav,
Tehsil Dongargadh, Dist. Rajnandgaon (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Akshay Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi.
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers Mahandi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, C.G. 492002
5 – The Collector Rajnandgaon, District Rajnandgaon (C.G.)
6 – The District Marketing Officer Rajnandgaon, (C.G.)
7 – The Chief Executive Officer Cooperative Central Bank Maryadit
Rajnandgaon, District Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Rajnandgaon District Rajnandgaon
(C.G.)
— Respondent(s)
WPC No. 2699 of 2025
1 – Yashwant Kumar Verma S/o Shri Chintaram Verma Aged About 47 Years At
Present Society Manager Seva Sahkari Samiti Maryadit Limo R.N. No. 964,
Paddy Procurement Center Limo, Address- Village Chhuikhadan Post
Chhuikhadan, Tehsil Chhuikhadan, District : Khairagarh-Chhuikhadan-Gandai,
Chhattisgarh
—Petitioner(s)
Versus
4
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, C G O Complex, Lodhi Road, Behind N I A Building, District : New
Delhi, Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District : Raipur,
Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex C B D Sector 21 Atal Nagar
492002, District : Raipur, Chhattisgarh
5 – The Collector Khairagarh-Chhuikhadan-Gandai, District : Khairagarh-
Chhuikhadan-Gandai, Chhattisgarh
6 – The District Marketing Officer Khairagargh Chhuikhadan-Gandai, District :
Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
7 – The Chief Executive Officer Cooperative Central Bank Maryadit
Rajnandgaon, District : Rajnandgaon, Chhattisgarh
8 – The Deputy Registrar Cooperative Society Khairagarh- Chhuikhadan- Gandai,
District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
— Respondent(s)
WPC No. 2701 of 2025
1 – Jawala Prasad Rawte S/o Shri Jaylal Rawte Aged About 50 Years At Present
Society Manager Adim Jati Seva Sahkari Samiti Maryadit Somatola R.N. No.
11001, Paddy Procurement Center Putargondikala Add Village Jiratola Post
Dumartola, Tehsil Mohala Dist. Mohala-Manpur-Ambagadh Chowki Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
5
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Supplies Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, Chhattisgarh 492002
5 – The Collector Mohala-Manpur-Ambagadh Chowki District Mohala-Manpur-
Ambagadh Chowki Chhattisgarh
6 – The District Marketing Officer Mohala-Manpur-Ambagadh Chowki District
Mohala-Manpur-Ambagadh Chowki Chhattisgarh
7 – The Chief Executive Officer Cooperative Central Bank Maryadit Rajnandgaon
District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Mohala-Manpur-Ambagadh
Chowki District Mohala-Manpur-Ambagadh Chowki Chhattisgarh
— Respondent(s)
WPC No. 2710 of 2025
1 – Bhailal Dewangan S/o Shri Kanhaiya Lal Dewangan Aged About 53 Years At
Present Society Manager Adim Jati Seva Sahkari Samiti Maryadit Bhojtala R.N.
No. 1112, Paddy Procurement Center Bhojtola Add- Village Mohala Post-
Mohala, Tehsil Mohala Dist. Mohala-Manpur-Ambagadh Chowki (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi.
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Supplies Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
6
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, C.G. 492002.
5 – The Collector Mohala – Manpur-Ambagadh Chowki, District Mohala –
Manpur-Ambagadh Chowki (C.G.)
6 – The District Marketing Officer Mohala – Manpur-Ambagadh Chowki, District
Mohala – Manpur-Ambagadh Chowki (C.G.)
7 – The Chief Executive Officer, Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Mohala – Manpur-Ambagadh
Chowki, District Mohala – Manpur-Ambagadh Chowki (C.G.)
— Respondent(s)
WPC No. 2720 of 2025
1 – Dhalsingh Gharendra S/o. Shri Rohit Kumar Gharendra Aged About 60 Years
At Present Society Paddy Purchase Incharge Seva Sahkari Samiti Maryadit
Matiya R.N. No. 504, Paddy Procurement Center Godalvahi, Add- Village –
Tumdikasa, Post – Mahrum, Tehsil Kumurda, Dist. Rajnandgaon (C.G.).
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Akshay Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Dist. Raipur (C.G.).
3 – The Secretary Department Of Food And Civil Suppliers, Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, Dist. Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited,
Office At 6th Floor, Tower-C, Commercial Complex, Cbd, Sector – 21, Atal
Nagar, District – Raipur (C.G.) – 492002.
5 – The Collector Rajnandgaon, Dist. Rajnandgaon (C.G.)
7
6 – The District Marketing Officer Rajnandgaon (C.G.)
7 – The Chief Executive Officer Cooperative Central Bank Maryadit,
Rajnandgaon, Dist. Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society, Rajnandgaon, Dist. Rajnandgaon
(C.G.)
— Respondent(s)
WPC No. 2721 of 2025
1 – Arif Khan S/o Late Guljaar Khan Aged About 38 Years At Present Society
Manager Seva Sahkari Samiti Maryadit Gopalpur, R.N. No. 1093, Paddy
Procurement Center Gopalpur, Add- Village- Lakshanpur Post Chhuikhadan,
Tehsil Chhuikhadan Distt.- Khairagarh-Chhuikhadan-Gandai (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi.
2 – State Of Chhattisgarh Through Secretary, Department Of Cooperative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar,
District- Raipur, C.G. 492002.
5 – The Collector Khairagarh-Chhuikhadan-Gandai District- Khairagarh-
Chhuikhadan-Gandai (C.G.)
6 – The District Marketing Officer Khairagarh-Chhuikhadan-Gandai District-
Khairagarh-Chhuikhadan-Gandai (C.G.)
7 – The Chief Executive Officer Cooperative Central Bank Maryadit Rajnandgaon
District- Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Khairagarh-Chhuikhadan-Gandai
Distt.- Khairagarh-Chhuikhadan-Gandai (C.G.)
8
— Respondent(s)
WPC No. 2744 of 2025
1 – Uttam Kumar Kumbhkar S/o Late Shri Hriday Ram Kumbhkar Aged About 53
Years Present Society Manager/incharge Adim Jati Seva Sahkari Samiti Maryadit
Kallu Banjari R.N. No. 1356, Paddy Procurement Center Kallu Banjari, Add-
Village Kallu Banjari Post Kallu Banjari Tehsil Churiya, Dist. Rajnandgaon
(C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building New Delhi,
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary, Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, C.G. 492002
5 – The Collector Rajnandgaon, District Rajnandgaon C.G.
6 – The District Marketing Officer, Rajnandgaon C.G.
7 – The Chief Executive Officer, District Cooperative Central Bank Maryadit
Rajnandgaon, District Rajnandgaon C.G.
8 – The Deputy Registrar, Cooperative Society Rajnandgaon, District
Rajnandgaon C.G.
— Respondent(s)
WPC No. 2815 of 2025
1 – Hukum Chand Sahu S/o Shri Mohan Lal Aged About 42 Years At Present
Society Manager/ Incharge Seva Sahkari Samiti Maryadit Churiya R.N. No 1170,
9
Paddy Procurement Center Churiya, Add- Village Lammeta Post Churiya Tehsil
Churiya, Dist. Rajnandgaon (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur, Cg 492002
5 – The Collector Rajnandgaon District Rajnandgaon (C.G.)
6 – The District Marketing Officer Rajnandgaon (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Rajnandgaon Dist. Rajnandgaon
(C.G)
— Respondent(s)
WPC No. 2818 of 2025
1 – Dwarika Prashad Marar S/o Bhavarlal Patel Aged About 39 Years At Present
Society Manager Adim Jati Seva Sahkari Samiti Maryadit Gidari R.N. No. 375,
Paddy Procurement Center Gidari Add- Village Nadiya Post Suddi, Tehsil
Dongargao Dist. Rajnandgaon (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, C.G.O. Complex, Lodhi Road, Behind N.I.A. Building, New Delhi.
10
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower-C, Commercial Complex Cbd Sector 21 Atal Nagar,
District Raipur, C.G., 492002
5 – The Collector Rajnandgaon District Rajnandgaon (C.G.)
6 – The District Marketing Officer Rajnandgaon (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Rajnandgaon, Dist. Rajnandgaon
(C.G.)
— Respondent(s)
WPC No. 2819 of 2025
1 – Balkrishna Verma S/o Shri Udholal Verma Aged About 32 Years At Present
Society Manager Seva Sahkari Samiti Maryadit Silpatti, R.N. No. 1571, Paddy
Procurement Center Silpatti, Add. – Village Silpatti Post Padmavatipur, Tehsil
Chhuikhadan District Khairagarh Chhuikhadan Gandai Chhattisgarh.
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi.
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh. 492002.
11
5 – The Collector Khairagarh – Chhuikhadan Gandai District Khairagarh
Chhuikhadan Gandai Chhattisgarh.
6 – The District Marketing Officer Khairagarh – Chhuikhadan Gandai District
Khairagarh Chhuikhadan Gandai Chhattisgarh.
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnnadgaon, District Rajnandgaon Chhattisgarh.
8 – The Deputy Registrar Cooperative Society Khairagarh Chhuikhadan Gandai
District Khairagarh Chhuikhadan Gandai Chhattisgarh.
— Respondent(s)
WPC No. 2822 of 2025
1 – Rakesh Kumar S/o Shri Dhaniram Aged About 33 Years At Present Society
Manager Adim Jati Seva Sahkari Samiti Maryadit Vicharpur R.N. No. 1086,
Paddy Procurement Center Vicharpur Address Village Autebandha Post
Koryatola, Tehsil Ambagadh Chowki Dist. Mohala-Manpur-Ambagadh Chowki
Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh 492002
5 – The Collector Mohala-Manpur-Ambagadh Chowki District Mohala-Manpur-
Ambagadh Chowki Chhattisgarh
6 – The District Marketing Officer Mohala-Manpur-Ambagadh Chowki District
Mohala-Manpur-Ambagadh Chowki Chhattisgarh
12
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Mohala-Manpur-Ambagadh
Chowki District Mohala-Manpur-Ambagadh Chowki Chhattisgarh
— Respondent(s)
WPC No. 2824 of 2025
1 – Pomesh Patila S/o Shri Shiv Shankar Patila Aged About 29 Years At Present
Society Paddy Purchase Incharge Seva Sahkari Samiti Maryadit Murmunda R.N.
No 1096, Paddy Procurement Center Murmunda Address – Village Ghumka Post
Ghumka, Tehsil Ghumka Dist. Rajnandgaon Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh 492002
5 – The Collector Rajnandgaon District Rajnandgaon Chhattisgarh
6 – The District Marketing Officer Rajnandgaon Chhattisgarh
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Rajnandgaon District Rajnandgaon
Chhattisgarh
— Respondent(s)
13
WPC No. 2826 of 2025
1 – Amarjeet Verma S/o Shri Agrahitram Verma Aged About 58 Years At Present
Society Manager Seva Sahkari Samiti Maryadit Bhothli, R.N. No. 1461, Paddy
Procurement Center Bhothli, Add- Village Pata Post Chhuikhadan, Tehsil
Chhuikhadan Dist. Khairagarh- Chhuikhadan- Gandai (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahandi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor Tower- C Commercial Complex Cbd Sector 21, Atal Nagar
District Raipur, C.G. 492002
5 – The Collector Khairagarh- Chhuikhadan- Gandai District Khairagarh-
Chhuikhadan- Gandai (C.G.)
6 – The District Marketing Officer Khairagarh- Chhuikhadan- Gandai District
Khairagarh- Chhuikhadan- Gandai (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon, District Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Khairagarh- Chhuikhadan- Gandai
Dist. Khairagarh- Chhuikhadan- Gandai (C.G.)
— Respondent(s)
WPC No. 2827 of 2025
1 – Shivendra Kumar Sahu S/o Shri Pardeshi Ram Sahu Aged About 40 Years At
Present Society Manager, Seva Sahkari Samiti Maryadit, Itaar, R.N. No.-981,
Paddy Procurement Center Itaar, Add. – Village – Itaar, Post – Itaar, Tehsil –
Khairagarh, Dist. Khairagarh-Chhuikhadan-Gandai (C.G.)
—Petitioner(s)
14
Versus
1 – The Union Of India Through – Secretary Co-Operative, Atal Aksahy Urja
Bhawan, C.G.O. Complex, Lodhi Road, Behind N.I.A. Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers, Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited,
Office At 6th Floor, Tower-C, Commercial Complex, C.B.D. Sector 21, Atal
Nagar, District – Raipur (C.G.) 492002
5 – The Collector Khairagarh-Chhuikhadan-Gandai, District Khairagarh-
Chhuikhadan-Gandai (C.G.)
6 – The District Marketing Officer Khairagarh-Chhuikhadan-Gandai, District
Khairagarh-Chhuikhadan-Gandai (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit,
Rajnandgaon, District – Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Khairagarh-Chhuikhadan-Gandai,
District Khairagarh-Chhuikhadan-Gandai (C.G.)
— Respondent(s)
WPC No. 2828 of 2025
1 – Ramkishore Bansod S/o. Lt. Hotilal Bansod Aged About 56 Years At Present
Society Manager Adim Jati Seva Sahkari Samiti Maryadit Chowki R.N. No. 01,
Paddy Procurement Center Chowki, Add- Village Ambagad Chowki, Post-
Ambagadh Chowki, Tehsil Ambagad Chowki, Dist. Mohala-Manpur-Ambagarh
Chowki (C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary Co-Operative, Atal Akshay Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi.
15
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Dist. Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Supplies, Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, Dist. Raipur (C.G.)
4 – The Manager Chhattisgarh State Co-Operative Marketing Federation Limited,
Office At 6th Floor, Tower-C, Commercial Complex, Cbd Sector-21, Atal Nagar,
Dist. Raipur (C.G.) 492002.
5 – The Collector Mohla-Manpur-Ambagarh Chowki, Dist. Mohala-Manpur-
Ambagarh Chowki (C.G.)
6 – The District Marketing Officer Mohala-Manpur-Ambagarh Chowki, Dist.
Mohala-Manpur-Ambagarh Chowki (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit,
Rajnandgaon, Dist. Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society Mohala-Manpur-Ambagarh
Chowki,dist. Mohala-Manpur-Ambagarh Chowki (C.G.)
— Respondent(s)
WPC No. 2830 of 2025
1 – Mahesh Dewangan S/o Shri Jagdishram Aged About 58 Years At Present
Society Manager Adim Jati Seva Sahkari Samiti Maryadit Ratanbhat R.N. No.
1308, Paddy Procurement Center Ratanbhat Address – Village Maham Post
Maham, Tehsil Kumarda Dist. Rajnandgaon Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of Inida Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
16
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh 492002
5 – The Collector Rajnandgaon District Rajnandgaon Chhattisgarh
6 – The District Marketing Officer Rajnandgaon Chhattisgarh
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Rajnandgaon Dist. Rajnandgaon
Chhattisgarh
— Respondent(s)
WPC No. 2833 of 2025
1 – Ashok Sahu S/o Shri Jagdish Sahu Aged About 38 Years At Present Society
Manager Seva Sahkari Samiti Maryadit Dhodha, R.N. No. 962, Paddy
Procurement Center Dhodha, Address – Village Pathrra Post Gandai, Tehsil
Gandai Dist. Khairagarh-Chhuikhadan-Gandai Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, Cgo Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh 492002
5 – The Collector Khairagarh-Chhuikhadan-Gandai District Khairagarh-
Chhuikhadan-Gandai Chhattisgarh
6 – The District Marketing Officer Khairagarh-Chhuikhadan-Gandai District
Khairagarh-Chhuikhadan-Gandai Chhattisgarh
17
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Khairagarh-Chhuikhadan-Gandai
District Khairagarh-Chhuikhadan-Gandai Chhattisgarh
— Respondent(s)
WPC No. 2835 of 2025
1 – Dinesh Singh S/o Shri Jai Narayan Singh Aged About 59 Years At Present
Society Manager/ Incharge, Adim Jati Seva Sahkari Samiti Maryadit Bamhani
Charbhata R.N. No. 153, Paddy Procurement Center Bamhani Charbhata, Add. –
Village – Nadiyakhurd, Post – Nadiyakhurd, Tehsil – Churiya, Dist. – Rajnandgaon
(C.G.)
—Petitioner(s)
Versus
1 – The Union Of India Through – Secretary Co-Operative, Atal Aksahy Urja
Bhawan, C.G.O. Complex, Lodhi Road, Behind N.I.A. Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co-Operative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
3 – The Secretary Department Of Food And Civil Suppliers, Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District – Raipur (C.G.)
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited,
Office At 6th Floor, Tower-C, Commercial Complex, C.B.D. Sector 21, Atal
Nagar, District – Raipur (C.G.) 492002
5 – The Collector Rajnandgaon, District – Rajnandgaon (C.G.)
6 – The District Marketing Officer Rajnandgaon (C.G.)
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit,
Rajnandgaon, District – Rajnandgaon (C.G.)
8 – The Deputy Registrar Cooperative Society , Rajnandgaon, Dist. -Rajnandgaon
(C.G.)
— Respondent(s)
18
WPC No. 2836 of 2025
1 – Basant Kumar Sahu S/o Shri Bihari Lal Sahu Aged About 41 Years At Present
Society Manager/ Incharge Seva Sahkari Samiti Maryadit Gahirabhedi R.N. No.
1107, Paddy Procurement Center Gahirabhedi, Address – Village Bagdwar Post
Chircharikala Tehsil Churiya, Distt. Rajnandgaon Chhattisgarh
—Petitioner(s)
Versus
1 – The Union Of India Through Secretary, Co-Operative, Atal Aksahy Urja
Bhawan, CGO Complex, Lodhi Road, Behind Nia Building, New Delhi
2 – State Of Chhattisgarh Through Secretary, Department Of Co- Oprative,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
3 – The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan,
Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh
4 – The Manager Chhattisgarh State Cooperative Marketing Federation Limited
Office At 6th Floor, Tower – C Commercial Complex Cbd Sector 21 Atal Nagar
District Raipur Chhattisgarh 492002
5 – The Collector Rajnandgaon District Rajnandgaon Chhattisgarh
6 – The District Marketing Officer Rajnandgaon Chhattisgarh
7 – The Chief Executive Officer District Cooperative Central Bank Maryadit
Rajnandgaon District Rajnandgaon Chhattisgarh
8 – The Deputy Registrar Cooperative Society Rajnandgaon Dist. Rajnandgaon
Chhattisgarh
—- Respondents
(Cause-title taken from the Case Information System)
Hon’ble Shri Justice Arvind Kumar Verma
Order on Board
12/06/2025
19
1. Heard Mr. Shivam Mishra & Mr. Nitesh Sahu, counsel for the
petitioners. Also heard Ms. Anmol Sharma, Mr. Tushar Dhar Diwan,
CGC, Mr. Satish Gupta, Government Advocate, Ms. Nupur Trivedi,
PL, Ms. Poorva Tiwari, PL, Mr. Rishabh Bisen, PL, Mr. Soumitra
Kesharawni, PL, Mr. Abhishe Gupta, PL and Ms. Priyanka Rai,
Advocate appears on behalf of Mr. Shashank Thakur, Mr. Harshal
Chauhan & Mr. Roop Ram Naik, Advocates for the respective
respondents.
2. With the consent of learned counsel for the parties, the matter is heard
finally.
3. The present writ petitions have been filed by the petitioners with the
following relief(s) :
10.1. That, the Hon’ble Court may kindly be pleased to
issue an appropriate writ by commanding and directing
the respondent’s authority to lift the paddy from
procurement centers forthwith as per the number of
bags.
10.2. That, the Hon’ble Court may kindly be pleased to
direct the respondent authority to comply the terms and
20condition of the policy and agreement which relates to
lifting of paddy within prescribed period.
10.3 That this Hon’ble court may kindly be please to
issue an appropriate writ by commanding and directing
the respondent’s authority to pay the all expenses made
by the petitioner to keep the paddy in safe.
10.4 That the respondents may kindly be directed to
provide the benefit of loss of paddy due to driage and
change of climates in light of clarification letter dated
12.11.2024 as well as letter dated 25/02/2025.
10.5. That this Hon’ble court may kindly be please to
direct the respondent to consider and decide the
representation of petitioner in light of the order passed
by this Hon’ble Court in similar cases.
10.6 Any other relief which the Hon’ble Court may
deem fit, in the interest of justice.”
4. Since the identical issue is involved in all the writ petitions, as such,
they are being heard and disposed of together by this common order.
This order will adjudicate the entire bunch of the writ petitions.
21
5. The petitioners in all these writ petitions have approached this Court
while seeking interference under extraordinary jurisdiction of this
Court under Article 226 of the Constitution of India. They are
aggrieved by the acts of the respondent authorities by which the paddy
collected by them as per guidelines of the State Government is not
being lifted. The entire quantity of paddy which has been purchased by
the concerned petitioner societies are not being lifted due to which the
paddy is drying and its weight, quantity and quality is decreasing day
by day. The stock of paddy has crossed buffer limit, however, the last
date for purchasing the paddy has been expired but the quantity
purchased could not be lifted only due to adamant acts of the
respondent authorities especially by the State authorities. On the one
hand, the paddy is not being lifted and the weight of the paddy is being
reduced due to driage of the paddy for which the petitioners are not
responsible and on the other hand, the concerned managers and
employees of the society are being threatened for lodging complaints
against them, till date order is not being issued. As such, the petitioners
have filed these writ petitions.
6. The reliefs prayed for by the petitioners in all the writ petitions are
same and one with certain variations, however, in order to adjudicate
these petitions, WPC No. 1502/2025 (Chitrasen Rath vs. State of
Chhattisgarh and Others) has been taken as lead petition for deciding
22
the issues involved in these cases. The reliefs sought in the said petition
are quoted hereinbelow:-
“10.1. That, the Hon’ble Court may kindly be
pleased to issue an appropriate writ by commanding
and directing the respondent’s authority to lift the
paddy from procurement centers forthwith as per the
number of bags.
10.2. That, the Hon’ble Court may kindly be pleased
to direct the respondent authority to comply the
terms and condition of the policy and agreement
which relates to lifting of paddy within prescribed
period.
10.3 That this Hon’ble court may kindly be please to
issue an appropriate writ by commanding and
directing the respondent’s authority to pay the all
expenses made by the petitioner to keep the paddy in
safe.
10.4 That the respondents may kindly be directed to
provide the benefit of loss of paddy due to driage
and change of climates in light of clarification letter
dated 12.11.2024.
10.5. That this Hon’ble court may kindly be please
to direct the respondent to consider and decide the
representation of petitioner in light of the order
passed by this Hon’ble Court in similar cases.
10.6 Any other relief which the Hon’ble Court may
23deem fit, in the interest of justice.”
7. The grievance of the petitioners in the present bunch of writ petitions is
that, based on the policy issued by the State Government, most of the
petitioners, who are Society Managers, procured paddy at their
respective procurement centers as per the guidelines issued by the State
Government for the year 2024-2025. The policy was clarified on
12.01.2024, specifying the time limit for lifting the paddy to be
31.01.2025. Subsequently, another notification was issued, extending
the deadline for lifting the paddy to 19.02.2025, and then further
extended until 28.02.2025. Despite these extensions, the entire stock of
paddy is yet to be lifted.
8. The petitioners argue that, although a significant portion of the paddy
has been lifted from their respective procurement centers, a substantial
quantity remains to be lifted. The Union of the petitioners’ societies has
raised this issue, and some instructions were issued by the respondent
authorities; however, these measures have not sufficiently addressed
petitioners’ grievances. The procurement centers lack adequate space to
store the paddy under proper shelter, and in many centers, paddy is
stored in open fields. As a result, due to delayed lifting, the paddy
becomes dry, and its weight decreases day by day. Additionally,
environmental factors beyond control such as insects, crows, rabbits,
birds, etc., cause further loss in quantity, which is unavoidable. The
24
procurement centers also lack proper infrastructure, such as proper
ground preparation and fencing, to store the paddy effectively. The
petitioners are facing significant difficulties in maintaining the quality
of the procured paddy under these conditions. While the paddy was
initially procured during the winter season, as the season changes to
summers, the driage further reduces the total quantity of paddy stored
at these centers. The petitioners seek a directive from the Court for two
fold remedies; Firstly, they request that the respondents be ordered to
lift the remaining paddy. Secondly, they seek an order from the State
Government and other relevant authorities to make adjustments in
respect of reduction in quantity of paddy in each of the gunny bags, so
that the petitioners may not face financially disadvantage by the loss in
quantity due to the delayed lifting and environmental factors.
9. Learned counsel for the respective petitioners submit that the present
bunch of writ petitions is being filed against the inaction of the
respondent authorities in failing to lift the paddy purchased during the
procurement season 2024-2025 finally and in violation of the
Government’s procurement policy as also to the terms of the agreement
entered between the parties. They submit that as per Clause 15.8 and
15.9 of the policy dated 12.11.2024, the paddy was to be lifted within
one month from the date of purchase, i.e., by 31.01.2025 and despite
repeated directions from higher authorities, the lifting has not been
25
carried out till date, resulting in non-compliance with policy
provisions. It is stated that the continued delay has led to substantial
quantities of paddy lying in open grounds, exposed to weather
variations and deteriorating in quality which is causing direct loss not
only to the petitioners but also to the public. They submit that the
petitioners have made several representations to the concerned
authorities, but no action has been taken to redress the issue or ensure
timely transportation of paddy to the millers or godowns. The inaction
is arbitrary, discriminatory, and violative of Article 14 of the
Constitution of India and contrary to the principles of natural justice
and also contradicts Clause 2.7 of the agreement, which mandates
lifting beyond the buffer limit at the earliest. It is further stated that in
previous years, there was a procurement policy under which the deficit
in paddy was considered by granting a benefit of one percent or two
percent of admissible loss in quantity as the case may be, however, this
year, no such policy has been issued by the State Government. As a
result, the petitioners are facing difficulties and, therefore, they have
approached this Court seeking redressal of their grievances.
10. Learned counsel for the respective petitioners submit that the issue
involved in the present writ petitions has already been considered and
decided by this Court in WPC No.1502 of 2025 (Chitrasent Rath Vs.
State of Chhattisgarh & Others) and other connected matters, therefore,
26
present writ petitions may be disposed of in terms of the order passed
in Chitrasen Rath (supra).
11. Learned State Counsel submit that the reasons provided by the
petitioners can be considered to some extent, however, the petitioners
are attempting to take advantage of the climatic conditions and the
natural driage of the paddy. They submit that the petitioners seek
allowing the deficit in the quantity of paddy, which, according to the
State, cannot be accepted. They submits that the State Government is
expected to take a decision on this matter shortly and once the decision
is taken, the petitioners will be informed in accordance with the State
Government’s decision. Learned State counsel further contended that
they have no objection if the similar order which was passed in WPC
1502/2025 (Chitrasen Rath Vs. State of Chhattisgarh & Others) and
other connected matters is passed in the present writ petitions also.
12. Learned Counsel for Respondent – MARKFED submits that, regarding
the lifting of paddy, the MARKFED is actively lifting the paddy, and it
would be incorrect to state that the lifting is not taking place. It is stated
that regarding the deficit in paddy, the respondent State may be
directed to conduct an inquiry and to take a decision concerning the
lifting of the remaining paddy. However, it has been specifically stated
that there is no hindrance in the lifting of paddy and there are circulars
from the Central Government as well as directions from the State
27
Government, due to which the lifting of paddy is being done
repeatedly. It is submitted that the date for lifting the paddy has been
extended multiple times and most recently, it was extended through
orders dated 19.02.2025, 01.03.2025, and 15.03.2025. As such, the
grievance raised by the petitioners has largely been addressed, and only
a very small quantity remains. The respondents are confident that the
State Government will issue necessary orders concerning the lifting of
the remaining paddy from the procurement centers and for the decision
regarding the loss of quantity of the paddy, it will be upon the Central
and State Governments to take the necessary decisions and issue
appropriate orders. It is further submitted that the MARKFED is the
agency entrusted with lifting the paddy and sending it to the custom
milling centers, is fulfilling its responsibilities. It is contended that once
the Central Government, in consultation with the State Government,
makes a decision regarding adjustment of the loss of quantity of paddy,
the matter will be adjusted in accordance with law and at present, the
major part of the petitioners’ grievance has already been redressed.
13. I have heard learned counsel for the parties, considered their
submissions put forth before me and have also gone through the
documents appended to the writ petitions.
14. Upon perusal of the record, circulars and policies, it appears that the
quantity of paddy is being lifted from the concerned procurement
28
centers time to time and the time for lifting paddy has been extended
several times. From the submissions made by the counsel for the
respondent State, it seems that the State Government is considering a
decision regarding the lifting of paddy beyond the extended time.
Furthermore, since the paddy has been collected by the concerned
procurement centers in accordance with Government policy and the
agreements entered into by the parties, it is the duty of the State to
collect the said paddy whereas for various reasons, the paddy could not
be collected on time. Since the State Government has extended the
lifting time repeatedly, it is expected that considering the welfare nature
of the State, the paddy would be lifted from the concerned procurement
centers. This act is to prevent damage to the collected paddy due to the
efflux of time, climatic conditions, natural hazards such as mice and
other insects and to the fact that the rainy season is proximate.
15. The issue now pertains to the loss of paddy due to driage caused by
climatic and other conditions beyond the control of the petitioner
societies. Since, various factors have contributed to the delay in lifting
the paddy, including weather conditions leading to the loss of paddy
quantity. While previous years had prescribed limits for driage, no such
circular has been issued for the current season and both the Central and
State Governments need to take a decision in this matter. Therefore,
this Court expects that both the Central and State Governments will
29
frame rules/directions to address this issue. It is unavoidable that the
quantity of paddy will be affected by climatic and other factors beyond
control. Hence, the State Government, in consultation with the Central
Government, must take a decision regarding this matter.
16. Responsibility to ensure timely action is on the part of the State,
particularly, in the context of public policy and the protection of public
interests. Therefore, the State Government must ensure framing and
compliance of the public policies timely and take appropriate action
when delay occur in implementation of the said policies. Furthermore,
the principle of accountability requires that the public grievances are
resolved in a timely and efficient manner.
17. This aspect of the matter has been considered by the various High
Courts including Punjab and Haryana High Court in the matter of M/s
Jagdamba Rice Mill and Others vs. State of Punjab and Others, in
CWP No.- 20840/2021 wherein it has been held as under:-
“14. In view of the above, we dispose of these writ
petitions with the following directions:–
i) The reduction of the driage allowance, as
ordered by the Government of India vide its letter
dated December 3, 1998, a copy of which has
been produced on record as Annexure P8 in
C.W.P. No. 833 of 2001, is set aside. In other
respects, there has been no challenge.
30
ii) Any orders for recovery on account of
reduction in driage allowance shall stand
quashed.”
As per Union of India, the driage has been
determined on the basis of data supplied by the
State Government. The State in its additional
affidavit has submitted that they have claimed
driage @ 1% but Central Government has
wrongly determined driage less than 1% of MSP.
The relevant extracts of additional affidavit of the
State read as:-
“4. That it is submitted that Schedule-II appended
with writ petition as Annexure P-5 as observed by
the Hon’ble Court in the order dated 01-08-2023,
the same has not prepared by the Food Civil
Supplies & Consumer Affairs, Department of
Punjab. This is a calculation made by the
Department of Food & Public Distribution, Govt.
of India on the basis of Stock Flow Statement and
not considering the audited balance sheets
submitted by Govt. of Punjab. This Schedule has
prepared by Procurement Incidental (PI)Cell of
Department of Food & Public Distribution Govt.
of India on their own & is forming part of Final
Finding report of KMS 2014-15. The State of
Punjab has claimed full driage @1% of MSP i.e.
Rs. 14.00/qtl in respect of all agencies which is
clear from the submission of final claims of KMS
2014-15 submitted vide letter no. PRA PRA-Inci-
3-34-2017/1868 dated:- 14-09-2017(copy
31appended as annexure R-6). Further, as required
by Department of Food & Public Distribution,
Govt. of India, the Principal Secretary, Food Civil
Supplies & Consumer Affairs, Punjab and
Managing Directors of all State Procuring
Agencies had certified that the benefit of driage
charges @1% of MSP has already been passed on
to millers and same has been reimbursed by FCI
for paddy milled during for central pool as per
provisional cost sheet issued by Govt. of India
vide letter no. 192(14)/2014-FC A/cs dated 16th
October, 2014, the copy of which was also
submitted with final claims to the Govt. of India.
The State of Punjab had made payment towards
driage @ 1% of MSP. It is consistent stand of the
State that petitioners are entitled to driage @1%,
however, Central Government has wrongly
calculated driage less than 1% of MSP. The State
by impugned notices is attempting to recover
difference between driage paid at provisional rate
and final rate determined by Central Government.
From the affidavit of State, it is evident that State
is pursuing the matter with the Central
Government and for the said purpose they have
addressed various communications to the Central
Government. As per State Government, the
Central Government has wrongly determined
driage and as per Mr. Sunish Bindlish, learned
counsel for Union of India & Food Corporation
of India, rates have been determined on the basis
32of data furnished. Be that as it may, the issue of
determination of final rates was between State
Government and Central Government. If there is
any mis- communication or mis-understanding
between the State Government and Central
Government, the petitioner cannot be made to
suffer. The State has unilaterally initiated
recovery proceedings. Neither notice nor
opportunity of hearing was granted to the
aggrieved parties. The Respondent-State was
bound to follow procedure prescribed by law. The
State has no authority to initiate recovery
proceedings without associating affected
parties.”
18. In the aforesaid case, the Court finds that the driage allowance, which
would compensate for weight loss during storage and processing of
paddy, was rightfully claimed from the State of Punjab at the rate of
1% of the Minimum Support Price (MSP) for KMS 2014-15. This rate
was certified by the Principal Secretary and Managing Directors of the
State Procuring Agencies, and payments were made accordingly.
However, the Central Government unilaterally determined a lower
driage rate based on stock flow data without considering the audited
financial records submitted by the State. As a result of this mismatch,
the State initiated recovery proceedings against millers and other
stakeholders to recover the difference between the amount paid and the
33
amount reimbursed. The Court holds that such recovery actions,
undertaken without notice or opportunity of hearing, are in violation of
the principles of natural justice. It further observes that the issue of
final driage rate determination lies between the Central and State
Governments, and private parties cannot be held liable for
discrepancies arising out of inter-governmental disputes. Consequently,
the Court sets aside the reduction of the driage allowance by the
Central Government and quashes the recovery proceedings initiated by
the State, declaring them unauthorized and procedurally invalid.
19. The Court upheld the payment of driage @ 1% of MSP as valid, and
found the recovery efforts by the State illegal, arbitrary, and in
violation of due process. The dispute over driage reimbursement is an
inter-governmental matter and cannot be passed onto the petitioners.
20. Considering the aforesaid aspect of the matter and submissions
advanced by the parties, this Court directs the petitioners to submit an
appropriate representation along with a copy of this order before the
Central and the State Governments to consider the issue and for
redressal of their grievances within a period of two weeks from the date
of receipt of a copy of this order and the authorities concerned, in turn,
shall consider and decide the said representations while passing a
reasoned order within a further period of 90 days in accordance with
law.
34
21. Accordingly, all the writ petitions stand disposed of.
Sd/-
(Arvind Kumar Verma)
Judge
Vasant