Shivharan Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1334 of 2020

1. Shivharan Verma S/o Ganesh Verma Aged About 31 Years R/o House No. 4, Dehandih, Singapur, Kawardha, Ranjitpur, District Kabirdham, Chhattisgarh

2. Bharosa S/o Kisun Aged About 61 Years R/o House No.3, Dehandih, Singapur, Kawardha, Ranjitpur, District Kabirdham, Chhattisgarh,

3. Balram S/o Tikam Aged About 41 Years R/o H.No.39, , Dehandih, Singapur, Kawardha, Ranjitpur, District Kabirdham, Chhattisgarh

4. Ganesh S/o Kisun Aged About 59 Years R/o H.No.4, , Dehandih, Singapur, Kawardha, Ranjitpur, District Kabirdham, Chhattisgarh.

5. Tulsi Ram Verma S/o Derha Aged About 54 Years R/o H.No.29, , Dehandih, Singapur, Kawardha, Ranjitpur Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh through the Secretary, Department Of Cooperative, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. Secretary Civil Supply And Consumer Protection Department, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

3. Director Department Of Food, Civil Supplies And Consumer Protection, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

4. Collector Kabirdham, District Kabirdham, Chhattisgarh,

5. Food Officer Kawardha, District Kabirdham, Chhattisgarh,

6. Society Manager Sewa Sahkari Samiti Maryadit, Ranjitpur, Regn. No. 1369, Paddy Procurement Center, Ranjitpur, District Kabeerdham, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Varunendra Mishra, Advocate For Respondents No. 1 to 5 :

Mr. Jitendra Pali, Dy. A.G.

For .

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/07/2020

1. Counsel for the petitioners while arguing the petition on admission submits the present writ petition stands covered by the decision rendered by this Court in WP(C) No. 1089 of 2020 decided on 19.06.2020. The present writ petition also can be disposed of in similar terms which again was also disposed of in terms of an earlier

order passed by this Court in WP(C) No. 1087 of 2020 decided on 16.06.2020.

2. Counsel for the petitioner submits that he has instruction to state that as on date the entire paddy belonging to each of the petitioners stands purchased by the concerned authorities. However there are certain further grievances which now are with the banks, from where the petitioners had taken loan and for which he may be granted a similar relief as has been granted in the aforementioned two writ petitions.

3. The limited relief is not opposed by the State Counsel.

4. The counsel for the petitioners submits that there are certain other bank related issues also in respect of the petitioners which has to be redressed, like the demand from the respondent No.6-bank for payment of interest @14% and also in respect of the grant of loan for the next Kharif season. So far as the purchase of paddy is concerned, this Court is of the firm view that the statement made by the counsel for the petitioner the matter stands redressed. If in case, there is any further grievance to be redressed, the petitioners have a right to approach the authorities concerned for the same.

5. So far as the issue relating to the bank; i.e. the demand of interest at a higher rate and also so far as loan for the next Kharif season, this Court is of the opinion that since it is an entirely different cause of action and the same is a matter which has to be dealt with between the petitioners and the concerned bank. The writ petition at this juncture stands disposed of directing the petitioners to approach the concerned bank with a detailed representation and in the representation the petitioners may also refer to the recent guidelines

which have been issued by the Reserve Bank of India in respect of the situation that arose on account of the Corona Pandemic.

6. The concerned bank is expected to take a decision in accordance with law in this regard.

7. Accordingly, the present writ petition stands disposed of in similar terms.

Sd/- (P. Sam Koshy) Judge Jyotijha