Chovaram Tandan Vs State of Chhattisgarh

¶1

1

¶2

2026:CGHC:25506

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 2966 of 2026

¶6

SHYNA AJAY

¶7

Digitally signed by SHYNA AJAY Date: 2026.06.27 14:11:15 +0530

¶8

Chovaram Tandan S/o Shri Vishram Tandan Aged About 42 Years Present Assistant Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Mandeli R.N. No. 139, Add- Village Kachna Post Kachna Tehsil Kured District Dhamtari C.G.

¶9

--- Petitioner(s)

¶10

versus

¶11

1 - State Of Chhattisgarh Through- Secretary Department Of Co- Oprative Mahanadi Bhawan Mantralaya Atal Nagar Raipur District Raipur C.G.

¶12

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan Mantralaya Atal Nagar Raipur District Raipur C.G.

¶13

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower -C Commercial Complex CBD Sector -21 Atal Nagar District Raipur C.G. 492002.

¶14

4 - The District Marketing Officer District Dhamtari C.G.

¶15

5 - The Chief Executive Officer, Cooperative Central Bank Maryadit Dhamtari District Dhamtari C.G.

¶16

6 - The Deputy Registrar Cooperative Society District Dhamtari C.G.

¶17

7 - The District Food Officer Distt. Dhamtari C.G.

¶18

--- Respondent(s)

¶19

2

¶20

WPC No. 3011 of 2026

¶21

Bhooshan Lal Thakur S/o Shri Brijlal Thakur, Aged About 58 Years, At Present Samiti Manager Adim Jati Seva Sahkari Samiti Maryadit Dondi, R.N. No. 1431, And Add R/o Village Dhauridema Post Bharritola, Tehsil Dondi District Balod (C.G.)

¶22

--- Petitioner(s)

¶23

Versus

¶24

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Matralaya, Atal Nagar, Raipur District Raipur (C.G.)

¶25

2 - The Secretary, Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur District Raipur (C.G.)

¶26

3 - The Managing Director 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.

¶27

4 - The Collector, Distt. Balod (C.G.)

¶28

5 - The District Marketing Officer Distt. Balod (C.G.)

¶29

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Durg District Durg (C.G.)

¶30

7 - The Deputy Registrar Cooperative Society Dist. Balod (C.G.)

¶31

8 - The District Food Officer Dist. Balod (C.G.)

¶32

--- Respondent(s)

¶33

WPC No. 2979 of 2026

¶34

Ramkumar Sahu S/o Shri Ramsay Sahu Aged About 54 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Bhakhara R.N. No. 171, And Add.- Village Bhakhara Post Bhakhara, Tehsil Kurud, Distt. Dhamtari (C.G.)

¶35

--- Petitioner(s)

¶36

3

¶37

Versus

¶38

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶39

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶40

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower-C Commercial Complex CBD Sector 21 Atal Nagar District Raipur, (C.G.) 492002

¶41

4 - The Collector Distt. Dhamtari (C.G.)

¶42

5 - The District Marketing Officer Distt. Dhamtari (C.G.)

¶43

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari District Dhamtari (C.G.)

¶44

7 - The Deputy Registrar Cooperative Society Distt. Dhamtari (C.G.)

¶45

8 - The District Food Officer Distt. Dhamtari (C.G.)

¶46

--- Respondent(s)

¶47

WPC No. 2978 of 2026

¶48

Khoman Lal Devhari S/o Shri Bidhan Ram Aged About 37 Years At Present Samiti Manager Adim Jati Seva Sahkari Samiti Maryadit Kotagaon R.N. No. 237 And Add Village Malkunwar Post Narratola Tehsil Dondi, Dist. Balod (C.G.)

¶49

--- Petitioner(s)

¶50

Versus

¶51

1 - State Of Chhattisgarh Through Secretary Department Of Co-Operative, Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur District Raipur (C.G.),

¶52

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur District Raipur (C.G.)

¶53

4

¶54

3 - The Managing Director 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.

¶55

4 - The Collector Dist. Balod (C.G.)

¶56

5 - The District Marketing Officer Dist. Balod (C.G.)

¶57

6 - The Chief Executive Officer, Cooperative Central Bank Maryadit Durg District Durg (C.G.)

¶58

7 - The Deputy Registrar Cooperative Society Dist. Balod (C.G.)

¶59

8 - The District Food Officer Dist. Balod (C.G.)

¶60

--- Respondent(s)

¶61

WPC No. 2977 of 2026

¶62

Dwarika Prasad Sahu S/o Shri Jahur Ram Sahu Aged About 46 Years, At Present Samiti Manager Prahmik Krishi Shakh Sahkari Samiti Maryadit Belardona R.N. No. 1435, And Add- Village Belardona Post Magarloda Tehsil Magarlod District Dhamtari C.G.

¶63

--- Petitioner(s)

¶64

Versus

¶65

1 - State Of Chhattisgarh Through- Secretary Department Of Co-Operative Mahanadi Bhawan Mantralaya Atal Nagar Raipur District Raipur C.G.

¶66

2 - The Secretary Department Of Food And Civil Suppliers Mantralaya Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶67

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower -C Commercial Complex CBD Sector 21 Atal Nagar District Raipur C.G. 492002.

¶68

4 - The Collector Dhamtari District Dhamtari C.G.

¶69

5 - The District Marketing Officer Dhamtari District Dhamtari C.G.

¶70

5

¶71

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari Distirct Dhamtari C.G.

¶72

7 - The Deputy Registrar Cooperative Society District Dhamtari C.G.

¶73

8 - The District Food Officer, Dhamtari District Dhamtri C.G.

¶74

--- Respondent(s)

¶75

WPC No. 2972 of 2026

¶76

Rajesh Kumar Sen S/o Shri Sanau Kumar Sen Aged About 53 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Darba R.N. No. 832, And Add.- Village Darba Post Darba, Tehsil Kurud, Distt. Dhamtari (C.G.)

¶77

--- Petitioner(s)

¶78

Versus

¶79

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶80

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶81

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower-C Commercial Complex CBD Sector 21 Atal Nagar District Raipur, (C.G.) 492002

¶82

4 - The Collector Distt. Dhamtari (C.G.)

¶83

5 - The District Marketing Officer Distt. Dhamtari (C.G.)

¶84

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari District Dhamtari (C.G.)

¶85

7 - The Deputy Registrar Cooperative Society Distt. Dhamtari (C.G.)

¶86

8 - The District Food Officer Distt. Dhamtari (C.G.)

¶87

--- Respondent(s)

¶88

6

¶89

WPC No. 2969 of 2026

¶90

Govind Yadav S/o Shri Shersingh Yadav Aged About 39 Years At Present Samiti Manager Adim Jati Seva Sahkari Samiti Maryadit Gujra R.N. No. 240, And Address Village Bhaisbod Post Bhaisbod, Tehsil Dondi, Distt. Balod Chhattisgarh

¶91

--- Petitioner(s)

¶92

Versus

¶93

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh

¶94

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh

¶95

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower-C Commercial Complex C B D Sector 21 Atal Nagar District Raipur, Chhattisgarh 492002

¶96

4 - The Collector Distt. Balod Chhattisgarh

¶97

5 - The District Marketing Officer Distt. Balod Chhattisgarh

¶98

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Durg District Durg Chhattisgarh

¶99

7 - The Deputy Registrar Cooperative Society Distt. Balod Chhattisgarh

¶100

8 - The District Food Officer Distt. Balod Chhattisgarh

¶101

--- Respondent(s)

¶102

WPC No. 2967 of 2026

¶103

Domeshwar Kumar S/o Shri Isup Ram Sahu Aged About 38 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Darba R.N. No. 832, And Add- Village Kotgaon Post Darba, Tehsil Kurud, Dist. Dhamtari (C.G.)

¶104

--- Petitioner(s)

¶105

Versus

¶106

7

¶107

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶108

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶109

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower-C Commercial Complex CBD Sector 21 Atal Nagar District Raipur, C.G. 492002

¶110

4 - The Collector Dist. Dhamtari (C.G.)

¶111

5 - The District Marketing Officer Dist. Dhamtari (C.G.)

¶112

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari District Dhamtari (C.G.)

¶113

7 - The Deputy Registrar Cooperative Society Dist. Dhamtari (C.G.)

¶114

8 - The District Food Officer Dist. Dhamtari (C.G.)

¶115

--- Respondent(s)

¶116

WPC No. 3008 of 2026

¶117

Tarun Kumar Sahu S/o Shri Shambhuram Sahu, Aged About 54 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Bhakhara R. N. No. 171, And Add - Village Kurbhatarai Post Demar, Tehsil Kurud, Dist. Dhamtari (C.G.)

¶118

--- Petitioner(s)

¶119

Versus

¶120

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶121

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)

¶122

3 - The Managing Director 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.

¶123

8

¶124

4 - The Collector Dist. Dhamtari (C.G.)

¶125

5 - The District Marketing Officer Dist. Dhamtari (C.G.)

¶126

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari District Dhamtari (C.G.)

¶127

7 - The Deputy Registrar Cooperative Society Dist. Dhamtari (C.G.)

¶128

8 - The District Food Officer Dist. Dhamtari (C.G.)

¶129

--- Respondent(s)

¶130

WPC No. 3002 of 2026

¶131

Poonamchand Jangde S/o Shri Samaylal Jangde Aged About 37 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Avari R.N. No. 227, And Address Village Avari Post Avari, Tehsil Kurud, Distt. Dhamtari Chhattisgarh

¶132

--- Petitioner(s)

¶133

Versus

¶134

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh

¶135

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh

¶136

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited Office At 6th Floor Tower-C Commercial Complex C B D Sector 21 Atal Nagar District Raipur Chhattisgarh 492002

¶137

4 - The Collector Distt. Dhamtari Chhattisgarh

¶138

5 - The District Marketing Officer Distt. Dhamtari Chhattisgarh

¶139

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Dhamtari District Dhamtari Chhattisgarh

¶140

9

¶141

7 - The Deputy Registrar Cooperative Society, Distt. Dhamtari Chhattisgarh

¶142

8 - The District Food Officer Distt. Dhamtari Chhattisgarh

¶143

--- Respondent(s)

¶144

WPC No. 3001 of 2026

¶145

Ghanshyam Das Sahu S/o Shri Pooranlal Sahu Aged About 46 Years Present Samiti Manager Adim Jati Seva Sahkari Samiti Maryadit Mangaltarai R.N. No, 238, And Add- Village- Ghotiya Post- Ghotiya Tahsil - Dondi Dist- Balod (C.G.)

¶146

--- Petitioner(s)

¶147

Versus

¶148

1 - State Of Chhattisgarh Through- Secretary, Department Of Co-Operative Mahanadi Bhawan Mantralaya Atal Nagar Raipur, District- Raipur (C.G.)

¶149

2 - The Secretary Department Of Food And Civil Suppliers Mahanadi Bhawan Mantralay Atal Nagar, Raipur District- Raipur (C.G.)

¶150

3 - The Managing Director 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

¶151

4 - The Collector Dist- Balod (C.G.)

¶152

5 - The Distirct Marketing Officer Dist- Balod (C.G.)

¶153

6 - The Chief Executive Officer Cooperative Central Bank Maryadit Durg DistrictDurg (C.G.)

¶154

7 - The Deputy Registrar Cooperative Society Dist- Balod (C.G.)

¶155

8 - The District Food Offcer Dist- Balod (C.G.)

¶156

--- Respondent(s)

¶157

WPC No. 2981 of 2026

¶158

Naresh Kumar Sahu S/o Shri Somanram Sahu Aged About 40 Years Present Samiti Manager, Prathmik Krishi Shakh Sahkari Samiti Maryadit Thuha R.N. 275, And Add- Village Karra Post Bagaud, Tehsil Bhakhara, District- Dhamtari (C.G.)

¶159

10

¶160

--- Petitioner(s)

¶161

Versus

¶162

1 - State Of Chhattisgarh Through Secretary, Department Of Co-Operative Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur District- Raipur (C.G.)

¶163

2 - The Secretary, Department Of Food And Civil Suppliers Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur District- Raipur (C.G.0

¶164

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited, Office At 6th Floor Tower -C Commercial Compex C B D Sector 21 Atal Nagar, District- Raipur (C.G.) -492002

¶165

4 - The Collector Distt- Dhamtari (C.G.)

¶166

5 - The District Marketing Officer Distt- Dhamtari (C.G.)

¶167

6 - The Chief Executive Officer, Cooperative Central Bank Maryadit Dhamtari DisttDhamtari (C.G.)

¶168

7 - The Deputy Registrar Cooperative Society Distt- Dhamtari (C.G.)

¶169

8 - The District Food Officer Distt- Dhamtari (C.G.)

¶170

--- Respondent(s)

¶171

WPC No. 2974 of 2026

¶172

Rohit Kumar Sahu S/o Shri Johat Ram Sahu, Aged About 51 Years At Present Samiti Manager Prathmik Krishi Shakh Sahkari Samiti Maryadit Kodebod R.N. No. 115, And Add Village Maroud Post Maroud Tehsil Kurud Dist. Dhamtari (C.G.)

¶173

--- Petitioner(s)

¶174

Versus

¶175

1 - State Of Chhattisgarh Through Secretary Department Of Co-Operative, Mahanadi Bhawan Mantralaya Atal Nagar, Raipur, District Raipur (C.G.)

¶176

2 - The Secretary, Department Of Food And Civil Suppliers Mahanadi Bhawan Mantralaya Atal Nagar, Raipur, District Raipur (C.G.)

¶177

11

¶178

3 - The Managing Director Chhattisgarh State Cooperative Marketing Federation Limited, Office At 6th Floor Tower -C Commercial Complex CBD Sector 21 Atal Nagar District Raipur Cx.G. 492002.

¶179

4 - The Collector Dist. Dhamtari (C.G.)

¶180

5 - The District Marketing Officer Dist. Dhamtari (C.G.)

¶181

6 - The Chief Executive Officer, Cooperative Central Bank Maryadit Dhamtari District Dhamtari (C.G.)

¶182

7 - The Deputy Registrar Cooperative Society Dist. Dhamtari (C.G.)

¶183

8 - The District Food Officer Dist. Dhamtari (C.G.)

¶184

(Cause	---Respondent(s) Title downloaded from CIS Periphery)
For Petitioner(s) :	Mr. Shivam Mishra, Advocate
For Respondent/State :	Mr. RK Gupta, Additional Advocate General
For Respondent/	Mr. Siddharth Pandey, Advocate
MARKFED

¶185

SB: Hon’ble Mr. Justice Amitendra Kishore Prasad

¶186

Order on Board

¶187

22/06/2026

¶188

All these captioned writ petitions share a common background and involve the same issues, therefore, they were clubbed, heard together and are disposed of by this common order.

¶189

For the sake of convenience, Writ Petition (C) No. 2966 of 2026 is treated as the lead case for the purpose of disposing all the writ petitions. The petitioner in the said writ petition has prayed for the following reliefs :-

¶190

12

¶191

10.1 That, the Hon’ble Court may kindly be pleased to call for the records pertaining to impugned action of the respondents for the kind perusal of the Hon’ble Court.

¶192

10.2 That, the Hon’ble Court may kindly be pleased to direct the respondents to give also the protection of shortage due to dryness as earlier provided as well as same to be protection granted to the millars as in the order dated 15/05/2024 (P/6)

¶193

10.3. That, the Hon'ble court may kindly set aside the direction issued by Deputy Commissioner Cooperative and Deputy Registrar (cooperative societies), District Dhamtari (C.G). Dated 27/04/2026 ANNEXURE P/2.

¶194

10.4 That, the Hon'ble Court may kindly be pleased to direct the respondent No.3 to provide excess amount which has been invest to protect the paddy after 31st March to till date and zero shortage incentive (Protsahan) Amount.

¶195

10.5 That, the Hon'ble Court may kindly be pleased to direct the respondent No.3 to 7 to stop harass the petitioner by making pressure through police to fill Zero shortage from own-cost.

¶196

10.6 That, the Hon’ble Court may kindly be pleased to direct the respondent No. 3 to 7 to make an enquiry and about the shortage is due to dry and find the liable person for punishment.

¶197

10.7 Any other relief which the Hon'ble Court may deem fit, in the interest of justice.

¶198

13

¶199

Succinctly stated, the facts of the case, as canvassed by the petitioner, are that the petitioner is the Manager/In-charge of the respective Paddy Procurement Center(s) of the Cooperative Societies and works under the direct supervision, observation and instructions of Respondent No.7. The State Government issues a Paddy Procurement Policy at the beginning of every Financial/Purchasing year. For the current purchasing year i. e. Session 2025-2026, Respondent No.2 has issued the relevant Policy. On the basis of the aforesaid Policy/Guidelines for the Session 2025-26, a tri-party agreement is required to be executed between the petitioner, the District Marketing Officer, Dhamtari (CG) and the Chief Executive Officer, Cooperative Central Bank Maryadit, Dhamtari (CG). Although such an agreement was duly executed prior to the current session, no triparty agreement for procurement of paddy was ever executed or entered into for the present session, despite the petitioner’s efforts to obtain a copy. The office of the Deputy Commissioner and Deputy Registrar, Cooperative Societies, District Dhamtari (CG) issued a direction ordering all Societies to make up for any procurement shortages at their own cost. From the initial stage of the procurement process, the petitioner regularly informed the respondents through written communications that the transportation/lifting of paddy had not commenced in accordance with the guidelines, which would severely impact and disrupt the procurement process. Though several oral and written requests were made by the petitioner urging the authorities to lift the paddy

¶200

14

¶201

within the timelines prescribed under the State Policy, no action was taken by the concerned authorities. Due to this inaction, the petitioner served a legal notice upon the concerned authorities on 23.3.2026. However, the respondents have shown no interest in complying with the guidelines/Policy of the State and did not reply to the legal notice. The petitioner is the Incharge of the Paddy Procurement Centre, Mandeli, where he purchased a total of 53862.40 quintals of paddy. A shortage of 550 quintals occurred due to natural dryness, which amounts to only 1.02% of the total purchased paddy at the Center. The Collector, Dhamtari (Respondent No.3) directed the recovery of the alleged paddy shortage from the petitioner to achieve a “Zero Shortage” status. Further, directions have been issued to register an FIR against the petitioner and to recover the “dryness shortage” directly from the In-charge of the Paddy Procurement Center(s). The State Government extended protection to Rice Millers by permitting an allowance of 5% for “dryness shortage” (weight loss due to moisture evaporation), while completely denying any such dryness allowance to the Paddy Procurement Centers. Though the Policy provides timely lifting of paddy from the centers, but the Millers deliberately delay lifting to gain a double advantage on weight shortages. This entire resultant shortage is then unfairly penalized and imposed upon the Centre Incharge and Cooperative Samiti. The State Government and the Marketing Federation are well aware that Millers do not lift paddy from Procurement Centers within the timeframe prescribed under the

¶202

15

¶203

Policy. In this regard, the State Government had previously granted consent to the Marketing Federation to accord a 3% dryness shortage benefit to the Cooperative Societies in the year 2022. The petitioner herein is aggrieved by the arbitrary directions issued by Respondent No.3, whereby the said authority is compelling the petitioner to fill the shortage, failing which, he face a threat of an FIR and coercive financial recovery for natural dryness shortages. Hence, these Petitions.

¶204

Learned counsel for the petitioner submits that the impugned action of the respondent authorities, particularly respondents 4 to 7 disregards the guidelines and Policy framed by the State Government. The responsibility of the petitioner is confined to purchase and safe custody of the paddy stock, however, the alleged shortage in weight is entirely attributable to natural dryage and moisture evaporation caused by severe heat waves, which is completely beyond the control of human. He also submits that respondents 4 to 7 ignored the petitioner’s request to transport the paddy as early as possible and they deliberately did not consider this issue. The authorities in collusion with certain Rice Millers are unlawfully demanding 10% illegal demand to clear the zero shortage and transport rest of the paddy from the Center. Hence, learned counsel for the petitioner pray to allow the petitions.

¶205

On the other hand, learned counsel for the Respondent-State as well as Respondent-MARKFED submit that the reliefs sought by

¶206

16

¶207

the petitioner cannot be granted because it is against the Paddy Procurement Policy for the Session 2025-2026. Under the said Policy, there is no provision for dryage benefit. Furthermore, as far as the transportation part is concerned, the Policy itself provides for a mechanism to remove any hindrance as MARKED states that if transportation facilities cannot be provided by MARKFED, the petitioner-Society is permitted to transport the paddy from the concerned Societies to the Center, as directed by MARKFED. They submit that the expenses incurred by Society would then be adjusted by MARKFED. As such, timely transportation would be the responsibility of the Society itself. Therefore, the concerned Society cannot hold the State or MARKFED liable for any delayed transportation of paddy. They lastly submit that since no benefit in respect of dryage of paddy can be granted to the Society under the Policy, the petitions as framed and filed by the petitioners are without merit and liable to be dismissed.

¶208

Heard learned counsel for the parties and also perused the documents annexed with the petitions.

¶209

Admittedly, the reliefs sought by the petitioner stem from the natural dryage of paddy, which led to reduction in its total weight due to moisture evaporation. This shortage occurred due to nonlifting and omission to transport the paddy from the Center within the stipulated time. Though the petitioner made several efforts and repeatedly made communications with the respondents to

¶210

17

¶211

expedite the lifting of the paddy but the concerned authorities chose not to take any steps. Under the Paddy Procurement Policy of the State Government for the Kharif Marketing Session 2025-2026, there are specific provisions i.e. clause 15.9 and clause 16.3, which address the subject issue and are reproduced below :

¶212

15.9 धा�न उपा�र्ज�न के�न्द्रों� में� सं�ग्रहि�त धा�न के� लि�ए के�ई सं�खत में�त्रा� में�न्य न�� गी!।

¶213

16.3 धा�न के� पारि$व�न ��त& लिनधा��रि$त पारि$व�नकेत�� द्वा�$� पारि$व�न न हिकेय� र्ज�न� पा$ आवश्यकेत�न&सं�$ स्व!के+ त पारि$व�न द$ पा$ हिकेसं! भी! पारि$व�नकेत�� सं� पारि$व�न के� के�य� के$�य� र्ज� संकेत� �.। में�के�फे�ड द्वा�$� पारि$व�न न�� के$�य� र्ज�न� के1 स्थिस्3लित में� स्व!के+ त पारि$व�न द$ पा$ संलिमेंलितय� द्वा�$� धा�न के� पारि$व�न के$�य� र्ज�व�। इसं ��त& संलिमेंलित उसं� धा�न भीण्ड�$ण व सं&$क्षा� मेंद अ3व� प्रा�सं�लिगीके व्यय के� मेंद में� प्रादत्त अलिग्रमें $�लि< के� उपाय�गी पारि$व�न द�यके� के� भी&गीत�न ��त& के$ संके�गी! त3� ऐसं� व्यय के1 प्रालितपा�लित� विवपाणन सं�घ द्वा�$� संलिमेंलित के� के1 र्ज�एगी!। संलिमेंलितय� द्वा�$� धा�न पारि$व�न के$�य� र्ज�न� पा$ सं�ग्र�ण के�न्द्रों� में� धा�न भीण्ड�$ण के$न� ��त& उलि@त व्यवस्3� में�के�फे�ड द्वा�$� के1 र्ज�व�।

¶214

A perusal of the aforesaid clauses would show that the State Government has framed a Policy, according to which, no dryage is generally permitted. Clause 16.3 provides that in the event MARKFED fails to transport the paddy from the concerned Societies, the Societies themselves are directed to arrange transportation at the applicable rates with the expenses incurred

¶215

18

¶216

to be subsequently adjusted by MARKFED. Thus, the main ground raised by the petitioner regarding natural dryage caused by delayed transportation cannot be adjudicated by this Court, as doing so would ignore the terms of the subject Policy, which allows no permissible dryage . The petitioner has entered into an Agreement with the respondents, wherein clause 5.6 of the said Agreement stipulates as under :

¶217

5.6 foi.ku l a ?k }kjk iznk; dh xbZ jkf'k ls miktZu dsUnz ¼lfefr½ }kjk /kku foi.ku l a ?k dks de izkIr gksus ij 'ks"k jkf'k dh olwyh lfefr dks iznk; deh'ku ,o a vU; vuqlk a fxd enks a ls jkf'k dh dVkSrh dh tkosxh A blds mijk a r Hkh olwyh ;ksX; jkf'k 'ks"k jgus ij ftyk foi.ku vf/kdkjh }kjk N-x- jkT; lgdkjh lkslk;Vh vf/kfu;e 1960 ds v a rxZr olwyh dk;Zokgh gsrq l{ke U;k;ky; es a izdj.k ntZ fd;k tkosxk A ”

¶218

Likewise, Clause 13 of the Agreement provides the resolution of the disputes between the parties through arbitration, which reads as under:

¶219

13- vkfCkZVªs'ku %&

¶220

bl vuqc a /k dh fdlh Hkh df.Mdk ls l a c a f/kr fookn mRiUu gksus dh fLFkfr es a fookn ds fu.kZ; gsrq ftys es a ftyk dysDVj dk fu.kZ; vfUre gksxk tks mHk;i{kks a dks ekU; gksxk A dysDVj }kjk fn;s x;s fu.kZ; dh vihy mHk;i{kks a }kjk ftys ds l a Hkkxh; vk;qDr dks dh tk ldsxh A”…

¶221

Considering the facts and circumstances of the case as also considering the State Government’s Paddy Procurement Policy for the year 2025-2026, this Court is of the view that an alternative and efficacious remedy exists by invoking arbitration

¶222

19

¶223

Clause 13 of the Agreement. Since the Agreement itself contains a dispute resolution mechanism for resolving conflicts between the parties, the petitioners ought to have invoked arbitration clause in respect of shortage of paddy. Accordingly, this Court is not inclined to entertain the present writ petitions for the reliefs sought by all the petitioners herein.

¶224

In view of the above, the petitioners are relegated to raise their disputes before the appropriate authority under the arbitration clause of the Agreement in accordance with law. In the event the petitioners approach the concerned authorities for arbitration concerning any dispute covered under the said clause, the concerned authorities are directed to consider and decide the same in accordance with law.

¶225

It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned authorities vested with the jurisdiction to adjudicate the dispute under the arbitration clause are at liberty to initiate and conduct appropriate arbitration proceedings and pass a reasoned order after affording due opportunity of hearing to the petitioners in accordance with law.

¶226

With these observations/directions, all the Petitions stand disposed of.

¶227

Sd/-

¶228

( Amitendra Kishore Prasad )

¶229

Judge

¶230

Shyna Ajay

Chovaram Tandan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chovaram Tandan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sahakari Vipdan Sanstha Maryadit Mungeli Vs State of Chhattisgarh

Bhoj Singh Tandi Vs the Sub Divisional Officer (Revenue) and Executive Magistrate

Nitin Seth Vs State of Chhattisgarh

Dr. Tamilarasan M. Vs All India Institute of Medical Science, Raipur

Smt. Suraj Sadhelal Bhardwaj Vs State of Chhattisgarh

Naresh Kumar Sahu Vs State of Chhattisgarh