Dismissed¶208

M/S. Ganpati Industries (Registration No. MA703244) v. Union of India

Chhattisgarh HC8 Apr 2024WPC/482/2024

Case brief

AI extract

What is this about?

Custom milling rice (CMR) default; Chhattisgarh HC Bilaspur; WPC batch 482/382/489/514/519/541/560/565/569/572/575/604/1234 of 2024; MARKFED / CG State Cooperative Marketing Federation; FCI godown deposit; agreement clauses 6.12, 10.1, 13.2, 13.3, 14.1; penalty clause; extension letters 18.10.2023, 02.11.2023, 03.11.2023, 15.12.2023 (till 30.11.2023 / 31.12.2023); no opportunity of hearing; arbitrary malafide; efficacious alternative remedy Collector; M/s J.K. Rice Mill WPC/5637/2022; M/s Shri Shyam Agro Products WPC/5791/2022; distinguished; Coordinate Bench five days; dismissed 9.04.2024; Justice Rakesh Mohan Pandey.

What did the court decide?

No case is made out for interference; the batch of writ petitions fails and is dismissed in its entirety. ¶208

M/S. Ganpati Industries (Registration No. MA703244) Vs Union of India — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶208

Issue for consideration

Whether the registered small-scale custom rice millers, facing the State's direction dated 15.01.2024 to MARKFED to take action for non-supply of custom mill rice against paddy raised during 2022-23, are entitled to writ relief, their grievance being that no opportunity of hearing was afforded and the action is arbitrary and mala fide. +2 more

¶193

Court's answer

No case is made out for interference; the batch of writ petitions fails and is dismissed in its entirety.

¶208

Ratio / Principle

Since the petitioners did not deposit the custom mill rice within the durations of their agreements (expiring mostly in February-April 2023) and could not avail the extended periods (till 30.11.2023 and till 31.12.2023), the State Government took the right decision to take action according to the relevant provisions of the agreements.

¶205

Key takeaways

The precedents relied upon by the petitioners (in which a Coordinate Bench, upon petitions filed immediately after the 30.11.2022 deadline, allowed supply of custom mill rice within 5 days) are distinguishable: here the agreements ended in February-April 2023, the petitioners remained inactive for months thereafter, took no steps to supply the rice, and failed to avail even the extension till 31.12.2023; hence the facts are entirely different and no extension was due.ratio¶206
Observation on purpose: depositing the custom mill rice within the stipulated period serves to save the rice from rotting, rice being a vulnerable item, and to maintain a smooth supply of rice to various parts of the nation.obiter¶204

Detailed headnote1 paragraphs

Batch of thirteen writ petitions (lead: WPC No. 482 of 2024; with WPC Nos. 382, 489, 514, 519, 541, 560, 565, 569, 572, 575, 604 and 1234 of 2024) by registered small-scale custom rice mills of Chhattisgarh challenging the letter dated 15.01.2024 of the State Food & Civil Supplies Department directing the CG Marketing Federation to act against millers who failed to deposit custom-milled rice against paddy lifted under custom-milling agreements signed November-December 2022 (KMS 2022-23), whose durations largely expired February-April 2023. Deposit windows were extended to 30.11.2023 and thereafter till 31.12.2023 (letter dt. 15.12.2023), but the millers availed neither. Grievance of arbitrariness/no opportunity of hearing and reliance on M/s J.K. Rice Mill (WPC/5637/2022) and M/s Shri Shyam Agro Products (WPC/5791/2022) — where a Coordinate Bench had allowed 5 days' supply right after the 30.11.2022 deadline — rejected as facts 'entirely different'. Held: the State rightly proceeded per the agreement provisions (Cl. 6.12 penalty; Cl. 13.3 duty to follow Government directions; Collector route under Cl. 13.2/14.1 and efficacious alternative remedy under Cl. 10.1 & 14.1 noted); no case for interference; all petitions dismissed. Single-member bench: Rakesh Mohan Pandey, J.; decided 9.04.2024. No statutory references or monetary figures appear in the judgment.

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 482 of 2024

¶5

M/s. Ganpati Industries (Registration No. Ma703244) Village Ranisagar,(Godihari Road) Sarangarh, Tahsil Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh. Pin. 496445, Through Its Proprietor-Basant Sharma S/o. M.D. Sharma, Aged About 49 Years, R/o. Police Line, Sarangarh, Tahsil Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh.

¶6

---- Petitioner Versus

¶7

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶8

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶9

3. Managing Director, Chhattisgarh State Marketing Federatation Limited, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶10

4. Collector (Food Cell), District - Sarangarh-Bilaigarh, Chhattisgarh.

¶11

5. General Marketing, Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶12

6. District Marketing Officer, Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, Itwari Bazar, Raigarh, Chhattisgarh.

¶13

7. Branch Manager, Bank Of Baroda Branch Raigarh, District - Raigarh, Chhattisgarh.

¶14

---- Respondents

¶15

with

¶16

WPC No. 382 of 2024

¶17

M/s. Dev Udyog Unit-Ii (Registration No. Ma 434311), Jawahar Nagar, Plot No, 18, 18A, Industrial Area, Dhamdha Road, Durg Chhattisgarh. Through Its Partner Ganesh Rungta, S/o. Shri Sanjya Rungta, Aged About 24 Years, R/o House No. 24/205, Geeta Sadan, New Deepak Nagar, Durg District Durg Chhattisgarh.

¶18

---- Petitioner

¶19

Versus

¶20

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protectin, Krishi Bhawan, New Delhi.

¶21

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶22

3. Managing Director, Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶23

4. Collector (Food Cell) Durg, District Durg Chhattisgarh.

¶24

5. General Manager, Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur District Raipur Chhattisgarh.

¶25

6. District Marketing Officer, Chhattisgarh State Cooperative Marketing Federation Limited, Durg District Durg Chhattisgarh.

¶26

7. Branch Manager, Indian Bank, Branch Sector-6 Bhilai District Durg Chhattisgarh.

---- Respondents

with

WPC No. 489 of 2024

¶31

M/s. Aayush Traders (Mill Registration No. Ma704792) Raigarh Road, Tenganapali, Sarangarh Tahsil Sarangarh, District- Sarangarh-Bilaigarh, Chhattisgarh, Through Its Proprietor-Jeewan Ram Ratre S/o Shri J. R. Ratre, Aged About 41 Years, R/o Ward No. 3 Subhash Chandra Bosh, Tenganapali P.O. Kotari, Sarangarh Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶32

---- Petitioner

¶33

Versus

¶34

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶35

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶36

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶37

4. Collector (Food Cell) District Sarangarh-Bilaigarh, Chhattisgarh.

¶38

5. General Manager C.G. State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶39

6. District Marketing Officer Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, Bazar, District : Sarangarh-Bilaigarh, Chhattisgarh

¶40

7. Branch Manager Central Bank Of India, Srangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶41

---- Respondents

¶42

with

¶43

WPC No. 514 of 2024

¶44

M/s. Sita Rice Mill (Registration No. Ma612619) Babakutti, Sarangarh Tahsil Sarangarh, District Sarangarh - Bilaigarh Chhattisgarh, Through Its Proprietor - Vivek Jaiswal S/o Shri Vikram Jaiswal Aged About 28 Years, R/o House No. 106, Babakutti, Ward No. 05, Sarangarh Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶45

---- Petitioner

¶46

Versus

¶47

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi

¶48

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan Mantralay, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh

¶49

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶50

4. Collector (Food Cell) District Sarangarh - Bilaigarh, Chhattisgarh

¶51

5. General Manager C.G. State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶52

6. District Marketing Officer Office Of District Marketing Office, Chhattisgarh State Cooperative, Marketing Federation Limited, District : Sarangarh-Bilaigarh, Chhattisgarh

¶53

7. Branch Magager Canara Bank, Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶54

---- Respondents

¶55

with

¶56

WPC No. 519 of 2024

¶57

¶58

Radha Krishna Rice Mill (Registration No. Ma411672) P.O. Kedar Sarangarh Tahsil Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. Trough Its Proprietor Purushottam Sahu S/o Shri Shiv Singh Sahu, Aged About 60 Years, R/o Kedar Sarangarh Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶59

---- Petitioner

¶60

Versus

¶61

1. Union Of India Through Secretary Deaprtment Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶62

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶63

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶64

4. Collector (Food Cell) District Sarangarh-Bilaigarh, Chhattisgarh.

¶65

5. General Manager Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶66

6. District Marketing Officer Office Of District Marketing Officer, Chhattisgarh State Cooperative Marketing Federation Limited, District : Sarangarh-Bilaigarh, Chhattisgarh

¶67

7. Branch Manager Canara Bank, Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

¶68

---- Respondents

¶69

with

¶70

WPC No. 541 of 2024

¶71

M/s Meera Traders (Registration No. Ma 435210), R/o Abhishek Rice Mill, Village Jewara-Sirsa, Dhamdha Road, Durg, Chhattisgarh, Through Its Partner- Abhishek Sharma, S/o Shri Radheshyam Sharma, Aged About 38 Years, R/o Khandelwal Colony, Durg, Chhattisgarh.

¶72

---- Petitioner

¶73

Versus

¶74

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶75

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

¶76

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

¶77

4. Collector (Food Cell) Durg, District- Durg, Chhattisgarh.

¶78

5. General Manager C.G. State Cooperative Marketing Fedration Limited, Head Quarter Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

¶79

6. District Marketing Officer Chhattisgarh State Cooperative Marketing Federation Limited, Durg, District- Durg, Chhattisgarh.

¶80

7. Branch Manager Union Bank, Branch Civic Centre, Bhilai, District- Durg, Chhattisgarh.

¶81

---- Respondents

¶82

with

¶83

WPC No. 560 of 2024

¶84

M/s. Akshay Rice Industries (Mill Registration No. M.A. 523770) Village Kusmi, Balodabazar Road, Palari District Balodabazar-Bhatapara (C.G.), Through Its Partner - Vansh Chaudhary, S/o Shri Mohan Singh, Aged About 36 Years, R/o House No. 5, Natthani Apartment, New Shanti Nagar, Raipur, District Raipur (C.G.)

---- Petitioner

Versus

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi

¶89

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶90

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶91

4. Collector (Food Cell) District Balodabazar-Bhatapara (C.G.)

¶92

5. General Manager C.G. State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶93

6. District Marketing Officer Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, Balodabazar-Bhatapara (C.G.)

¶94

7. Branch Manager H.D.F.C. Bank, Branch Sunder Nagar, Raipur (C.G.)

¶95

---- Respondents

¶96

with

¶97

WPC No. 565 of 2024

¶98

S. K. Sortex Pvt. Ltd. (Regn. No. M.A. 431260), Dhamdha Road, Chikhli Durg, District (C.G.), Through Its Director - Sudhir Khandelwal, S/o Shri Kishan Ji Khandelwal, Aged About 54 Years. R/o A-30, Khandelwal Colony, Durg, District Durg (C.G.)

¶99

---- Petitioner

¶100

Versus

¶101

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi

¶102

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶103

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶104

4. Collector (Food Cell) Durg, District Durg (C.G.)

¶105

5. General Manager C.G. State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶106

6. District Marketing Officer Chhattisgarh State Cooperative Marketing Federation Limited, Durg, District Durg(C.G.)

¶107

7. Branch Manager Punjab National Bank, Branch Station Road, Durg, District Durg, (C.G.)

¶108

---- Respondents

¶109

with

¶110

WPC No. 569 of 2024

¶111

Shri Sai Ram Rice Mill (Registration No. Ma 431229) Risama Road, Village Anda, District Durg Chhattisgarh. 491001 Through Its Proprietor Suresh Kumar Jindal, S/o. Shri Deepchand Agrawal, Aged About 59 Years, R/o H- Tower I-202, Pulbaon Road, Opposite Mahesh Colony, Rishabh Green City Durg District Durg Chhattisgarh.

¶112

---- Petitioner

¶113

Versus

¶114

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer

¶115

¶116

Protection, Krishi Bhawan, New Delhi.

¶117

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protectin, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶118

3. Managing Director, Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶119

4. Collector (Food Cell) District Durg Chhattisgarh.

¶120

5. General Manager, Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶121

6. District Marketing Officer, Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, Durg Chhattisgarh.

¶122

7. Branch Manager, HDFC Bank Branch Station Road Durg, District Durg Chhattisgarh

¶123

---- Respondents

¶124

with

¶125

WPC No. 572 of 2024

¶126

Maa Samleshwari Rice Mill (Registration No. Ma411562) Village Ranisagar, Bilaspur Road Saragnarh, Tahsil - Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh. Through Its Partner - Rajkumar Bani, S/o Shri Madhav Prasad Bani, Aged About 50 Years, R/o. No. 09, Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh.

¶127

---- Petitioner

¶128

Versus

¶129

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶130

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶131

3. Managing Director, Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶132

4. Collector (Food Cell), District - Sarangarh-Bilaigarh, Chhattisgarh.

¶133

5. General Manager, Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶134

6. District Marketing Officer, Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, District - Sarangarh-Bilaigarh, Chhattisgarh.

¶135

7. Branch Manager, HDFC Bank Branch Raigarh, District - Raigarh, Chhattisgarh.

¶136

---- Respondents

¶137

with

¶138

WPC No. 575 of 2024

¶139

Shri Sai Ram Rice Mill (Registration No. Ma 438891) Risama Road, Village Anda, District - Durg, Chhattisgarh. 491001, Through Its Proprietor - Vinay Jindal, S/o. Shri Suresh Jindal, Aged About 27 Years, R/o. H-Tower, I-202 Rishabh Green City, Pulgaon Road, Opposite Mahesh Colony, Durg, District - Durg, Chhattisgarh.

¶140

---- Petitioner

¶141

Versus

¶142

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶143

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur,

¶144

¶145

District - Raipur, Chhattisgarh.

¶146

3. Managing Director, Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶147

4. Collector (Food Cell), District - Durg, Chhattisgarh.

¶148

5. General Manager, Chhattisgarh State Corporation Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶149

6. District Marketing Officer, Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, Durg, Chhattisgarh.

¶150

7. Branch Manager, Hdfc Bank Branch Station Road Durg, District - Durg, Chhattisgarh.

¶151

---- Respondents

¶152

with

¶153

WPC No. 604 of 2024

¶154

M/s. Mahalaxmi Rice Mill, (Mill Registration No. Ma415662) Basin Bahara, Post Kotari, Tahsil Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh. Through Its Proprietor - Shyam Sundar Ratre, S/o Late Shri Shakha Ram Ratre, Aged About 67 Years, R/o Basin Bahara, Post - Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh.

¶155

---- Petitioner

¶156

Versus

¶157

1. Union Of India, Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi.

¶158

2. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶159

3. Managing Director, Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶160

4. Collector (Food Cell) District - Sarangarh-Bilaigarh, Chhattisarh.

¶161

5. General Manager, Chhattisgarh State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶162

6. District Marketing Officer, Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, District - Sarangarh-Bilaigarh, Chhattisgarh.

¶163

7. Branch Manager, Central Bank Of India, Sarangarh, District - Sarangarh-Bilaigarh, Chhattistarh.

¶164

---- Respondents

¶165

with

¶166

WPC No. 1234 of 2024

¶167

M/s Gomti Rice Mill (Regn.No. Ma 45212), Village Dongriguda Semra, Tehsil Jagdalpur, District Bastar (C.G.), Through Its Partner Dwarka Prasad Mahawar, S/o Late Shri Kanhaiya Lal Mahawar, Aged About 63 Years, R/o 120 Chandrashekhar Azad Ward, Jagdalpur, District Bastar (C.G.)

¶168

---- Petitioner

¶169

Versus

¶170

1. Union Of India Through Secretary Department Of Food, Civil Supply And Consumer Protection, Krishi Bhawan, New Delhi

¶171

2. State Of Chhattisgarh Through Secretary, Department Of Food Civil Supply And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶172

3. Managing Director Chhattisgarh State Marketing Federation Limited, Atal Nagar, Nawa

¶173

¶174

Raipur, District Raipur (C.G.)

¶175

4. Collector (Food Cell) District Bastar (C.G.)

¶176

5. General Manager C.G. State Cooperative Marketing Federation Limited, Head Quarter Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶177

6. District Marketing Officer Office Of District Marketing Office, Chhattisgarh State Cooperative Marketing Federation Limited, District Bastar (C.G.)

¶178

7. Branch Manager State Bank Of India, Branch - S.M.E., Jagdalpur, District Bastar (C.G.)

¶179

---- Respondents

¶180

(Cause Title is taken from Case Information System)

¶181

For Petitioner(s)	: Mr. Lav Kush Kumar Sahu, Advocate
For U.O.I./Respondent No. 1	: Mr. Ramakant Mishra, Dy. S.G. along with Mr. Tushar Dhar Diwan & Ms. Anmol Sharma, C.G.C.
For Marketing Federation	: Mr. Vikram Sharma, Advocate : Ms. Juhi Jaiswal, Advocate : Mr. P. Acharya, Advocate
For Respondent Bank	: Mr. Anand Shukla, Advocate along with Mr. Parth Shrivastava, Advocate (WPC/489/2024 & WPC/604/2024) : Mr. Shreyansh Mehta, Advocate (WPC/514/2024 & WPC/519/2024) : Mr. Rahul Mishra, Advocate holding the brief of Mr. Vaibhav P. Shukla, Advocate (WPC/592/2024) : Mr. Devershi Thakur, Advocate along with Mr. Ashutosh Biswas, Advocate
For State	: Mr . Dilman Rati Minj, Government Advocate

¶182

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

¶183

0 9.04.2024

¶184

The above captioned Writ Petitions involve common questions of law and facts therefore; they were heard together and are being disposed of by this common order.

¶185

In this batch of petitions, the petitioners, who are registered as small-scale custom rice mills, have challenged the impugned letter dated 15.01.2024 issued by respondent No. 2/State of Chhattisgarh, Secretary, Department of Food and Civil Supply and Consumer Protection, whereby a direction has been issued to the CG. Marketing Federation to take action against the rice millers who have not supplied the custom mill rice against the paddy raised by them during 2022-

¶186

¶187

23, and a specific prayer is also made for a direction to the respondents to decide their representations.

¶188

Facts of the present cases are that the petitioners entered into an agreement with respondent authorities. In pursuance thereof, the petitioners lifted the paddy but failed to deposit the custom mill rice in the godown of the Food Corporation of India (F.C.I.) or the godown of the Department of Food and Civil Supply. The list of dates of the agreement entered between the petitioners and Marketing Federation is reproduced herein below:-

¶189

Case Nos.	Date of agreement	Duration of agreement
WPC/482/2024	07.01.2023	07.01.2023-08.03.2023
WPC/382/2024	11.11.2022	11.11.2022-10.01.2023
WPC/489/2024	17.11.2022	17.11.2022-17.03.2023
	30.11.2022	30.11.2022-28.01.2023
WPC/514/2024	24.11.2022	24.11.2022-24.03.2023
WPC/519/2024	25.11.2022	25.11.2022-25.03.2023
WPC/541/2024	10.11.2022	10.11.2022-07.03.2023
WPC/560/2024	14.11.2022 16.11.2022	14.11.2022-08.02.2023 16.11.2022-14.02.2023
WPC/565/2024	29.11.2022	29.11.2022-27.01.2023
WPC/569/2024	Copy of agreement not annexed to the petition
WPC/572/2024	15.11.2022	15.11.2022-14.03.2023
WPC/575/2024	Copy of agreement not annexed to the petition
WPC/604/2024	01.12.2022	01.12.2022-22.03.2023
	01.02.2023	03.12.2022-01.02.2023
WPC/1264/2024	26.11.2022	26.11.2022-24.01.2023
	26.11.2022	26.11.2022-25.03.2023

¶190

Clause 6.12 of the agreement in question says that if the miller fails to deposit

¶191

¶192

the mill rice within a stipulated time period then he is liable for the penalty. Clause 13.3 says that the miller is duty-bound to follow the rules, and instructions issued by the Government of India as well as the State Government. Initially, the time period to deposit the custom mill rice was provided in the agreement, but through the letter dated 18.10.2023, the State Government sought an extension from the Union of India and the period was extended till 30.11.2023. Again, the aforesaid period was extended till 15.12.2023. Despite, the extension granted by the Union of India and the State Government, the petitioners could not deposit the custom mill rice, therefore, on 15th January, 2024; a direction was issued to the CG. Marketing Federation to take action according to the provisions of the agreement.

¶193

Learned counsel for the petitioners would submit that according to Clause 13.2 & 14.1 of the agreement, if the rice millers fail to deposit the custom mill rice within the duration when the terms and conditions of the agreement remain in force, the dispute arising in this regard may be resolved on the representation by the concerned District Collector. He would further submit that no opportunity of hearing was afforded to the petitioners before the issuance of the order dated 15.01.2024, therefore, the action proposed against the petitioners is arbitrary and malafide . It is further argued that in the matters of M/s J.K. Rice Mill Vs. Union of India 1 and M/s Shri Shyam Agro Products Vs. Union of India 2, this Court extended the period to deposit the custom mill rice.

¶194

On the other hand, learned counsels appearing for the respective respondents would oppose the submissions made by Mr. Sahu. They would submit that there is an efficacious alternative remedy available in favour of the petitioners in terms of Clauses 10.1 & 14.1 of the agreement to approach the Collector and without availing the same; the petitioners approached this Hon’ble Court. It is further

¶195

1 WPC/5637/2022

¶196

2 WPC/5791/2022

¶197

¶198

submitted that the petitioners could not deposit the custom mill rice within the duration of the agreement, whereas, it was the responsibility of the petitioners to deposit the same in the godown of the Food Corporation of India (F.C.I.) or in the godown of C.G. Civil Supplies. They would also submit that the petitioners were running away from their contractual obligations as they lifted paddy in the month of November-December, 2022, and despite the expiry of the duration of the agreement, they could not deposit the custom mill rice. It is further argued that in agreement with Clause 6.12, if the miller fails to deposit the custom mill rice within a stipulated period, the penalty can be imposed. According to Clause 13.3, the millers are duty-bound to follow the directions issued by the Government of India and the State of Chhattisgarh. They would further contend that twice the extension was granted to deposit the custom mill rice, but the petitioners failed to avail the benefit of the extended period. They would also contend that the petitioners could not fulfill the contractual obligations within the four corners of the agreement; therefore, the State took the right decision to take action as per the relevant clause(s) of the agreement. It is also contended that the petitions filed by the petitioners deserve to be dismissed.

¶199

I have heard learned counsel appearing for the parties, considered their rival submissions made herein-above and perused the documents available on the record.

¶200

From a perusal of the chart prepared above, it is quite vivid that the petitioners entered into an agreement with the District Marketing Officer(s). The millers lifted paddy from the paddy procurement centres and they had to deposit the custom mill rice within the agreed period.

¶201

From the chart, it is quite apparent that the petitioners could not deposit the custom mill rice within the duration of the agreement. The documents filed by

¶202

¶203

the respondents, particularly, the letter dated 02.11.2023 issued by the Food and Public Distribution Department, Ministry of Consumer Affairs, Government of India, the letter dated 03.11.2023 issued by the Government of Chhattisgarh and the letter dated 15.12.2023, whereby the period of depositing the custom mill rice was extended till 31.12.2023, would conspicuously reveal that the petitioners could not avail the benefit of such regularization or extension of period.

¶204

10. The object behind the deposit of the custom mill rice within the stipulated period is to save the rice from rotting as the rice is a vulnerable item. The further object is to maintain a smooth supply of rice to the various parts of the nation.

¶205

11. In the cases in hand, the duration of the agreement expired, in most cases, in the months of March and April, 2023. The petitioners had to deposit custom mill rice within the duration of their agreements. They could not avail the benefit of the extended period; therefore, in the considered opinion of this Court, the State Government took the right decision to take action according to the relevant provisions of the agreements.

¶206

12. In the judgments relied on by the learned counsel for the petitioners, the last date for the supply of custom mill rice was 30.11.2022 according to the agreements and immediately thereafter, the petitions were filed, therefore, the Coordinate Bench allowed the rice millers to supply the custom mill rice within 5 days. But, in the cases in hand, the duration of the agreement came to an end in the months of February, March, and April of 2023, thereafter, the petitioner kept mum for several months, and later, they did not take any steps to supply the custom mill rice, even they could not avail the benefit of extended period till 31.12.2023. Therefore, the facts of the present cases are entirely different from the facts of the cases cited.

¶207

¶208

13. Taking into consideration the above-stated facts, in the opinion of this Court, no case is made out for interference. Accordingly, these petitions fail and are hereby dismissed .

¶209

Sd/-

¶210

(Rakesh Mohan Pandey) Judge

¶211

$iddhant

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter dated 15.01.2024 issued by respondent No. 2 (State of Chhattisgarh, Secretary, Department of Food, Civil Supply and Consumer Protection) directing the CG Marketing Federation to take action against rice millers who did not supply the custom mill rice against paddy raised by them during 2022-23.¶185
State of Chhattisgarh — Secretary, Department of Food, Civil Supply and Consumer Protection · 15.01.2024
Prior proceeding
Petitioners entered into agreements with the respondent authorities, lifted paddy in pursuance thereof, but failed to deposit the custom mill rice in the godown of the FCI or of the Department of Food and Civil Supply.¶188
Prior proceeding
The agreements were entered with the District Marketing Officer(s); the millers were obliged to deposit the custom mill rice within the agreed period.¶200
Prior proceeding
Chart of agreement dates and durations reproduced (e.g., WPC/482/2024: agreement dated 07.01.2023, duration 07.01.2023-08.03.2023); for WPC/569/2024 and WPC/575/2024 copies of agreement were not annexed; chart labels the last case WPC/1264/2024.¶189
Prior proceeding
Per counsel, Clauses 13.2 & 14.1 provide that disputes arising from non-deposit within the agreement duration may be resolved on representation by the concerned District Collector; petitioners allege no opportunity of hearing preceded the 15.01.2024 order.¶193
Prior proceeding
Extension of deposit period: by letter dated 18.10.2023 the State sought extension from the Union of India and the period was extended till 30.11.2023 (recorded in ¶192 as further extended till 15.12.2023).¶192
Prior proceeding
Documents filed by respondents include letter dated 02.11.2023 of the Food and Public Distribution Department, Ministry of Consumer Affairs, Government of India, and letter dated 03.11.2023 of the Government of Chhattisgarh relating to regularisation/extension of the deposit period.¶203
Prior proceeding
Letter dated 15.12.2023 extended the deposit period till 31.12.2023; the petitioners could not avail the benefit of such regularisation or extension.¶203
Prior proceeding
Earlier related matters cited by counsel (footnoted WPC/5637/2022 and WPC/5791/2022) in which this Court had extended the period to deposit the custom mill rice.¶193

Parties & counsel

AI extract

petitioner
M/s. Ganpati Industries (through Proprietor Basant Sharma)¶5
Lav Kush Kumar Sahu
petitioner
M/s. Dev Udyog Unit-II (through Partner Ganesh Rungta)¶17
Lav Kush Kumar Sahu
petitioner
M/s. Aayush Traders (through Proprietor Jeewan Ram Ratre)¶31
Lav Kush Kumar Sahu
petitioner
M/s. Sita Rice Mill (through Proprietor Vivek Jaiswal)¶44
Lav Kush Kumar Sahu
petitioner
Radha Krishna Rice Mill (through Proprietor Purushottam Sahu)¶58
Lav Kush Kumar Sahu
petitioner
M/s Meera Traders (through Partner Abhishek Sharma)¶71
Lav Kush Kumar Sahu
petitioner
M/s. Akshay Rice Industries (through Partner Vansh Chaudhary)¶84
Lav Kush Kumar Sahu
petitioner
S. K. Sortex Pvt. Ltd. (through Director Sudhir Khandelwal)¶98
Lav Kush Kumar Sahu
petitioner
Shri Sai Ram Rice Mill, Regn. No. Ma 431229 (through Proprietor Suresh Kumar Jindal)¶111
Lav Kush Kumar Sahu
petitioner
Maa Samleshwari Rice Mill (through Partner Rajkumar Bani)¶126
Lav Kush Kumar Sahu
petitioner
Shri Sai Ram Rice Mill, Regn. No. Ma 438891 (through Proprietor Vinay Jindal)¶139
Lav Kush Kumar Sahu
petitioner
M/s. Mahalaxmi Rice Mill (through Proprietor Shyam Sundar Ratre)¶154
Lav Kush Kumar Sahu
petitioner
M/s Gomti Rice Mill (through Partner Dwarka Prasad Mahawar)¶167
Lav Kush Kumar Sahu
respondent
Union of India (through Secretary, Department of Food, Civil Supply and Consumer Protection)¶7
Ramakant Mishra, Tushar Dhar Diwan, Anmol Sharma
respondent
State of Chhattisgarh (through Secretary, Department of Food, Civil Supply and Consumer Protection)¶8
Dilman Rati Minj
respondent
Chhattisgarh State Marketing Federation Limited (Managing Director)¶9
Vikram Sharma, Juhi Jaiswal, P. Acharya
respondent
Collector (Food Cell), District Sarangarh-Bilaigarh¶10
respondent
Chhattisgarh State Cooperative Marketing Federation Limited (General Manager / General Marketing, Head Quarter)¶11
Vikram Sharma, Juhi Jaiswal, P. Acharya
respondent
District Marketing Officer, Chhattisgarh State Cooperative Marketing Federation Limited (Raigarh office)¶12
Vikram Sharma, Juhi Jaiswal, P. Acharya
respondent
Branch Manager, respondent bank (Bank of Baroda, Raigarh branch, in lead case; various banks in connected petitions)¶13
Anand Shukla, Parth Shrivastava, Shreyansh Mehta, Rahul Mishra, Devershi Thakur, Ashutosh Biswas

Coram

AI extract

Hon'ble Shri Justice Rakesh Mohan Pandeyauthor¶182

M/S. Ganpati Industries (Registration No. MA703244) v. Union of India

Case brief

What is this about?

What did the court decide?

M/S. Ganpati Industries (Registration No. MA703244) v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

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