This writ petition challenged a notice regarding paddy shortage. The Court, finding the notice vague on reasons but limiting the scope, did not quash it immediately.
Petition dismissed with direction to petitioner to submit representation within 15 days for further enquray by Respondent No.5.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (6.6.)
PRETITIONE
Dilesh Kumar‘ Chandrakar‘, aged about 39 year's, S/o— Nefr'am Chandmkar, OccupationSeva Sahkar‘i Samiti Pouni v and Incharge Purchase CenTer' KhaIrJhm \v\G’ N5 R/oKhalr'Jhm Police STaTIon Kunda Tahsil Pandar‘iya, Dis’rricf Kabirdham y>x\\ (C.G.), Civli and Revenue Districf F?“ Kabirdham (6.6.)
VERSUS
RESPONDENTS :1.
Smfe of Chhaffisgarh,
Through Secretary Deparfmen’r of Food, Civil Supplies and Consumer profec‘rion Depar’rmen‘r, Mahanadi Bhawan, Manfralaya Raipur, Police S’ra'rion- Rakhi, Disfricf Raipur, Civil 6i Revenue Disfric’r Raipur (C.G.)
Chief Execufive Officer Zila Sahkori Kendriya Bank Maryadif Nehru Chowk Bilaspur, Police STafion— Civil Line, Tahsil & Dis'rricTBilaspur (C.6.), Civil and Revenue Disfric? - Bilaspur (C.G.) Sub-Registrar, Co—operaTive Societies Kabirdham, Police Sla‘rion, Tahsil & Distric’r Kabirdham (C.G.) Civil and Revenue Disl‘ricf — Kabirdham (C.G.)
DisTricT Marketing Officer
Chha‘Hisgarh Rajya Sahkari Vipadan Sangh Maryadi’r Kabirdham, , Police S'ra‘rion, Tahsil & Dis‘rrict Kabirdham (C.G.) Civil and Revenue Disiricf - Kabirdham (C.G.) CEief EE<§$UW%% Zila Sahkari Kendriya Bank Maryadil Branch Pandariya, Police Sia‘i'ion & Tahsil Pandariya, Disiricf‘ Kabirdham (C.G.), Civil and Revenue Disiricf — Kabirdham (C.G.)
\mWRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA M
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| rW | SB : Hon’ble Shri Manindra Mo 15-07—2014 Shri Ratnesh Kumar Agraw Shri Adhiraj Surana, Dy. G Heard on admission. This petition has been file dated 17/06/2014 by which the shortage of paddy failing which Learned counsel for the letter has been issued to t explanation from the petitioner. of storage of paddy, for various accepted that there is some responsible as shortage may b attributable to any act of comm petitioner. He submits that the several occasion but without impugned communication has b The impugned letter requ of paddy, ln the petition, it has intimated to the respondent reg material is on record to sh authority either before or after i The petitioner has rushed to th satisfy competent authority t W.Maw/tou—wpm. r o i |
han Shrivastava, J. ai, counsel for the petitioner. LA. for the State. d by the petitioner for quashing notice etitioner has been asked to deposit ction would be taken. etitioner submits that the impugned e petitioner without seeking any According to him, in ordinary course reasons there is loss and even if it is hortage, petitioner cannot be held for any reason including reasons not ssion or omission on the part of the authority was intimated this fact on considering all these aspects the en made. res the petitioner to deposit shortage een vaguely stated that the petitioner rdlng various problems. However, no that the petitioner approached the suance of impugned communication. Court without making any attempt to at either there is no shortage or p |
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shortage is for reasons not attributable to any act of commission or
omission on the part of the petitioner. Therefore, i am not inclined to
entertain this petition at this stage. it is open for the petitioner to
submit representation to the authority who has issued notice dated
17/06/2014 (Annexure P/1) to the petitioner and satisfy him that
either there is no shortage or that he is not responsible. If any such
application is made within a peri bd of 15 days from today, respondent
No.5 shall enquire the matter ar d take appropriate steps on the basis
of such enquiry.
With the aforesaid limited direction, this petition is disposed off
at this stage.
Sd/-
Manindra Mohan Shrivastava
Rekha Judge
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2 issues framed by the court
Whether the writ petition challenging a notice for paddy shortage requires a fresh application from the petitioner to be entertained at this stage.
Whether the notice issued to the petitioner was vague regarding the reasons for shortage and the authority's responsibility was not checked.
1 provisions across 1 enactments
Dilesh Kumar Chandrakar
State of Chhattisgarh
Secretary Department of Food, Civil Supplies and Consumer Protection
Chief Executive Officer Zila Sahkari Kendriya Bank Maryadit Nehru Chowk Bilaspur
Sub-Registrar Cooperative Societies Kabirdham
District Marketing Officer
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
