High Court Of ChhattisgarhWPC/1184/2021disposed off

Dayaram Rathiya v. State Of Chhattisgarh

2021-03-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1184 of 2021 Dayaram Rathiya, S/o. Dokraram, Aged About 48 Years, Samiti Manager, Adim Jati Sewa Sahakari Samiti Maryadit Urba Registration No.353, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Cooperative Department Mahanadi Bhawan, Mantralaya, Atal Nagar, Mantralaya, New Raipur, Chhattisgarh.

2. The Collector, District Raigarh, Chhattisgarh.

3. The District Marketing Officer, Chhattisgarh State Cooperative Federation Limited, Raigarh, District Raigarh Chhattisgarh.

4. The Chief Executive Officer, District Cooperative Central Bank Limited, Nehru Chowk, Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Shri K.K. Pandey, Advocate For State :

Shri Aditya Tiwari, Panel Lawyer For Respondent No. 3 :

Shri Ramakant Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 01.03.2021 Heard

1. Learned counsel for the petitioner submits that the petitioner is an agent who procures the paddy which in turn to be handed over to the respondent No. 3 i.e. District Marketing Officer Chhattisgarh State Marketing Federation and agreement was executed by the respondent No. 3 District Marketing Officer. According to Clause 2.7 of the agreement which is filed as Annexure P/3, if the paddy stock exceeds the buffer limit then it is the duty of the State Marketing Federation to

lift the same. He further submits that in respect of the paddy procurement of Urba, the maximum capacity of the paddy would be 2900 quintals and the paddy has exceeded the buffer limit, therefore the respondent No. 3 i.e. District Marketing Officer Chhattisgarh State Marketing Federation was duty bound to lift the same. Under these circumstances, the petitioner has made several representations which may be directed to be decided.

2. Considering the fact that the agreement exists between the parties, the petitioner is given the liberty to make a fresh representation to Respondent No. 3 and if such representation is filed, Respondent No. 3 i.e. District Marketing Officer Chhattisgarh State Marketing Federation is directed to decide the said representation according to the terms of agreement within a period of 30 days from the date of receipt of copy of this order.

3. With the aforesaid observation/ direction, the writ petition stands disposed off.

Sd/- (Goutam Bhaduri) Judge Aks