Aadim Jati Sewa Sahkari Society, Khadgaon v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1910 of 2021 • Aadim Jati Sewa Sahkari Society, Khadgaon Through Its Manager Kriparam Rathiya S/o Ghasiram Rathiya, Aged About 42 Years, R/o Village Sithra Tahsil Daramjaigarh, District Raigarh Chhattisgarh ---- Petitioner

Versus

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

2. Managing Director Chhattisgarh State Market Federation Maryadit Atal Nagar, Naya Raipur , District Raipur Chhattisgarh.,

3. Collector Raigarh District Raigarh Chhattisgarh

4. District Marketing Officer Raigarh, District Raigarh Chhattisgarh., ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate For State :

Mr. Siddharth Dubey, Dy. G.A.

For Respondent No.2 & 4 :

Mr. Ashish Surana, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 07.06.2021 Heard.

1.

Learned counsel for the petitioner submit that the petitioner is an agent who procures the paddy which in turn to be handed over to the respondent No. 2 i.e. Managing Director C.G. State Marketing Federation and agreement was executed by the respondent No.4 District Marketing Officer on behalf of the respondent No. 2. 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. Learned counsel submit that in respect of the paddy procurement of Khadgaon, the maximum capacity of the paddy would be 6835 quintals and the paddy has exceeded the buffer limit, therefore the respondent No. 2 i.e. Managing Director C.G. State Marketing Federation was duty bound to lift the same. Under these circumstances, the petitioner has made a representation vide Annexure P-4 to the respondent No.

2, 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 authorities; therefore the representation filed as Annexure P-4 to the District Marketing Officer C.G. State Marketing Federation is directed to be decided according to the terms of agreement within a period of three weeks from the date of receipt of copy of this order or as early as possible considering the ensuing monsoon season.

3.

With the aforesaid observation/ direction, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) JUDGE Vishakha