Ludhak Ram Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1557 of 2021 • Ludhak Ram Jaiswal S/o Shri Anjori Ram Jaiswal Aged About 42 Years Occupation Incharge,paddy Procurement Center Kishungarh, R/o- VillageKishungarh, Police Station And Tahsil- Pandariya, District Kabirdham (Chhattisgarh) M.No. 7869260854 ---- 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 District Kabirdham (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 State :

Ms. Astha Shukla, P.L.

For Respondents No. 3 & 6 :

Shri Chetan Singh on behalf of Shri Ashish Surana, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 18.03.2021 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. 3 i.e. Managing Director C.G. State Marketing Federation and agreement was

executed by respondent No. 6 i.e. District Marketing Officer on behalf of the respondent No. 3. According to Clause 2.7 of the proforma 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 Kishungarh, the maximum capacity of the paddy would be 3000 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