M/S S. J. Rice Mills v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.1583 of 2015 M/s S. J. Rice Mills Birebhath, Jamul, Tahsil Dhamdha, Distt. Durg (Chhattisgarh), Through Its Proprietor M. Joseph, S/o Shri A. Abraham, Aged About 45 Years, R/o E. W. S. 403, Vaishali Nagar, Bhilai, P. S. Supela, District Durg (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Food And Civil Supplies, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, (Chhattisgarh)

2. The Collector, District Durg (Chhattisgarh)

3. The Additional Tahsildar, Ahiwara, Tahsil Dhamdha, District Durg, (Chhattisgarh)

4. Chhattisgarh State Co-Operative Marketing Federation, Through- Its Director, Near Agrasen Chowk, Samta Colony, Raipur, District Raipur, (Chhattisgarh)

5. The District Marketing Officer, Chhattisgarh State Co-Operative Marketing Federation, District Office, Durg, Near Food Corp Of India, District Durg, (Chhattisgarh) ---- Respondent For Petitioner :

Shri M. P. S. Bhatia, Advocate For Respondent No.1 to 3 :

Shri Satish Gupta, Govt. Advocate For Respondent No.4 & 5 :

Shri Shailendra Shukla, Advocate Order On Board 07/09/2015 Heard.

2.

At the outset, learned counsel for respondents No.4 & 5 brings the notice of this Court order passed by the Division Bench on 8.7.2015 in a batch of petitions and submits that the issue involved in the petition is identical. 3.

Learned counsel for the petitioner could not dispute the aforesaid submission. 4.

In view of above, this petition is also disposed off with direction that if the petitioner files an appeal within 10 days, under clause 15.2 of the agreement before

the Secretary, Department of Food and Civil Supply, the Secretary concerned is required to consider claims and grievances of the petitioner and dispose it by a reasoned and speaking order with utmost expeditiousness considering that notice has already been issued to the petitioner for recovery as arrears of land revenue. If the petitioner seeks interim relief before the Secretary, so that the appeal itself be not rendered infructuous, it is expected that the Secretary shall consignee the prayer for interim relief expeditiously and in accordance with law. The appeal shall be disposed off by speaking and reasoned order within a maximum period of three months, if not, earlier from the date of receipt and /or presentation of the appeal, subject to cooperation by the parties. 5.

The writ petition stands disposed off.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Tumane