C. G. State Co-Operative Marketing Federation Ltd. v. Dwarkadas Rathi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 59 of 2015

1. C.G. State Co-Operative Marketing Federation Ltd. Through : The Director, Near Agrasen Chowk, Samta Colony, Raipur, Chhattisgarh.

2. The District Marketing Officer, C.G. State Cooperative Marketing Federation Limited, Nutan Kisan Rice Mill, Ram Sagar Para, Raipur, Chhattisgarh. ---- Applicants

Versus

Dwarkadas Rathi S/o Narayandas Rathi, 58 years, Partner, M/s. Mohan Rice Mill, Having its Office at Amaseoni, Vidhansabha Road, P.S. Vidhansabha, Post Amaseoni, Raipur, Tahsil and Revenue District Raipur (C.G.) (Res. No. 1 and 2 in the writ petition has not been made party to this review application as they are formal party and the list in the present review application is between applicants and non-applicant only) ---- Non-Applicant Review Petition No. 82 of 2015

1. C.G. State Co-Operative Marketing Federation Ltd. Through : Its Managing Director, Raipur, District Raipur, Chhattisgarh.

2. The District Marketing Officer, C.G. State Cooperative Marketing Federation Limited, Nutan Kisan Rice Mill, Ram Sagar Para, Raipur, Chhattisgarh. ---- Applicants

Versus

Harsa Rice Mills Pvt. Ltd. A Company registered under the Companies Act, through : Its managing Director namely Krishna Kumar Kejariwal S/o Late Shri Lal Kejriwal, Aged about 57 years, R/o Pandri Tarai Road, Raipur, P.S. & Post Devendra Nagar Civil and REvenue District Raipur, Chhattisgarh company having its registered office at D-22, Sector-5 Devendra Nagar Raipur, District Raipur (C.G.) (Res. No. 1, 4, 5, 6 and 7 in the writ petition has not been made party to this review application as they are formal party and the list in the present review application is between applicants and non-applicant only) ---- Non-Applicant Review Petition No. 80 of 2015

1. C.G. State Co-Operative Marketing Federation Ltd. Through : Its Managing Director, Raipur, District Raipur, Chhattisgarh.

2. The District Marketing Officer, C.G. State Cooperative Marketing Federation Limited, Nutan Kisan Rice Mill, Ram Sagar Para, Raipur, Chhattisgarh. ---- Applicants

Versus

M/s. Manju Agro Pvt. Ltd. Raipur, A Private Limited Company registered under the Companies Act, having its office at Plot No. 1, Bhanpuri Industrial Area, Bhanpuri, Through its Director namely Shri Rajendra Daga S/o Late Shri Kanhaiyalal Daga, Aged about 59 years, R/o 43-Vivekanand Nagar, Raipur, P.S. and Post City Kotwali, Civil and Revenue District Raipur, (C.G.)

(Res. No. 1, 4 & 5 in the writ petition has not been made party to this review application as they are formal party and the list in the present review application is between applicants and non-applicant only) ---- Non-Applicant Review Petition No. 83 of 2015

1. C.G. State Co-Operative Marketing Federation Ltd. Through Its Managing Director, Raipur, District Raipur, Chhattisgarh.

2. The District Marketing Officer, C.G. State Cooperative Marketing Federation Limited, Nutan Kisan Rice Mill, Ram Sagar Para, Raipur, Chhattisgarh. ---- Applicants

Versus

Shri Dau Chawal Udyog Sirri, Kharora, Through: Its Proprietor Prahlad Kumar Pandey S/o Late D.R.Pandey, Aged about 46 years, R/o village Sirri, Tahsil Kharora, Raipur, P.S. & Post Raipur, Civil and Revenue District Raipur, (C.G.) (Res. No. 1, 4 & 5 in the writ petition has not been made party to this review application as they are formal party and the list in the present review application is between applicants and non-applicant only) ---- Non-Applicant For Petitioners :

Shri Prafull N Bharat, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board 27/10/2015 1.

Since the question involved in these review applications are common and only dates may differ, they have been heard and are being disposed by a common order. The facts and dates shall be taken from Review Petition No. 59 of 2015.

2.

The review application has been filed to review order dated 15.6.2015 passed in Writ Petition (C) No. 958 of 2015.

3.

Heard Shri Prafull N Bharat, Learned Counsel for the Petitioner. 4.

Shri Bharat submits that according to the scheme, the Petitioner was only required to supply paddy to rice millers for milling. The milled rice from the paddy was then required by the millers to be supplied to the Food Corporation of India and the Chhattisgarh State Civil Supplies Corporation within the time

required for the purpose. The submission therefore that the Petitioner had no objection to the extension of time was not applicable at all to the knowledge of the Respondents and was inadvertent.

5.

We have considered the submissions on behalf of the Petitioner. 6.

On the own showing of the Petitioner, it had no role to perform with regard to receiving milled rice from the paddy supplied by it within any time specified and the rice milled from the paddy was required to be supplied to the Food Corporation of India or the Chhattisgarh State Civil Supplies Corporation who do not appear to be complaining with regard to the impugned order. 7.

We therefore find no reason to entertain the review applications. 8.

The review applications are dismissed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit