Ashok Kumar Kurre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1394 of 2021 • Ashok Kumar Kurre S/o Shri Bedram Kurre Aged About 46 Years Occupation- Incharge Of Paddy Procurement Center Dullapur, R/o VillageDamapur, Police Station And Tahsil- Pandariya, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police Station- Rakhi, Tahsil And District- Raipur, Chhattisgarh.

2. Collector Kabirdham, District- Kabirdham, Chhattisgarh.

3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District- Raipur, Chhattisgarh.

4. Deputy Registrar Co-Operative Societies Kabirdham, Tahsil And DistrictKabirdham, Chhattisgarh.

5. Branch Manager District- Co-Operative Central Bank Maryadit, Pandariya, District- Kabirdham, Chhattisgarh

6. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Kabirdham, District- Kabirdham, Chhattisgarh. ---- Respondents For Petitioner :

Shri Ratnesh Kumar Agrawal, Advocate For Respondent/ State :

Ms. Richa Shukla, Dy. G.A.

For Respondents No. 3 & 6 :

Shri Ashish Surana, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.03.2021 Heard.

1. Learned counsel for the petitioner submit that the petitioner is a agent who procures the paddy which in turn is handed over to the respondent No. 6 who is local authority of Respondent No. 3 i.e. Managing Director C.G. State Co-operative Marketing Federation Limited. It is stated that agreement was executed between the petitioner and Respondents No. 5 & 6 and

according to Clause 2.7 of the agreement which is filed as Annexure P/1, if the paddy stock exceeds the buffer limit then it is the duty of the State Marketing Federation to lift the same within 72 hours. Learned counsel submit that in respect of the paddy procurement of Dullapur, the maximum capacity of the paddy would be 5056 quintals at different centres for paddy procurement and the paddy has exceeded the buffer limit, therefore respondent No. 6 i.e. District Marketing Officer was duty bound to lift the same. Under these circumstances, the petitioner has made a representation vide Annexure P/3 to the respondent No. 6 which may be directed to be decided.

2. Considering the fact that the agreement exists between the parties, and the petitioner since has made a representation to the respondent No. 6, therefore respondent No. 6 i.e. District Marketing Officer is directed to decide the said application 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 Jyoti