Seva Sahkari Samiti Maryadit Tekar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1865 of 2021 Seva Sahkari Samiti Maryadit Tekar Registration No. 693, Represented By Its Society Manager Rajkumar Kashyap, S/o Hariram Kashyap Aged About 52 Years, R/o Tekar, Post Office Jali, Police Station Seepat, Tehsil & District Bilaspur, Chhattisgarh.

--- Petitioner

Versus

1. State of Chhattisgarh through the Principal Secretary to the Government of Chhattisgarh, Department of Food Civil Supply and Consumer Protection, Mantralaya, Indravati Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

2. The Registrar Co-Operative Societies Chhattisgarh Indravati Bhawan, Atal Nagar Raipur, District Raipur, Chhattisgarh

3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Ltd. Raipur, 6th Floor, Tower C, Commercial Complex, C B D, Sector 21, Block C, Nava Raipur, Atal Nagar, Chhattisgarh 492002

4. The District Magistrate Cum Collector Bilaspur, Nehru Chowk, District Bilaspur Chhattisgarh

5. District Marketing Officer C. G. Markfed. Ltd. District Bilaspur Chhattisgarh

6. Deputy Registrar, Co-Operative Societies Bilaspur Near Collectorate Campus, Nehru Chowk, Bilaspur Chhattisgarh --- Respondents For the Petitioner : Mr. Dilip Kumar Swain, Advocate For the State : Mr. S. Dubey, Dy. Govt. Advocate For respondents 3 & 5 : Mr. Ramakant Mishra, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .04.2021 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 respondent no.3 Managing Director,

Chhattisgarh State Marketing Federation and an agreement was executed by respondent no.5 District Marketing Officer on behalf of respondent no.3. According to Clause 2.7 of the agreement 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. Learned counsel submits that in respect of the paddy procurement of Tekar, the maximum capacity of the Paddy would be 4527 quintals and the Paddy has exceeded the buffer limit, therefore, the respondent no.3 Managing Director C.G. State Marketing Federation was duty bound to lift the same. Under the circumstances, the petitioner has made a representation vide Annexure P-4 to respondent no.3 which may be directed to be decided.

2. In view of the limited prayer made by the petitioner, the petitioner would be at liberty to make a fresh representation before respondent no.3 within a period of two weeks and on such representation being filed, the same would be decided in terms of agreement within a further period of 30 days from the date of receipt of the said representation.

3. With the above observations, this writ petition stands disposed off.

Sd/- GOUTAM BHADURI JUDGE R a o