M/S Goyal Foods v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1723 of 2015 M/s Goyal Foods Through Proprietor Shri Anup Goyal, Aged About 58 Years, S/o Late Niranjan Lal Goyal, Pitiajhar Road, Mahasamund, R/o College Road, Mahasamund, District Mahasamund, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh)

2. Director, Food And Civil Supplies And Consumers Protection, Government Of Chhattisgarh, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh)

3. Chhattisgarh State Cooperative Marketing Federation Limited, Through The Managing Director, 880, Civil Lines, Raipur, (Chhattisgarh)

4. District Marketing Officer, Chhattisgarh State Cooperative Marketing Federation Limited, Mahasamund, District Mahasamund, (Chhattisgarh)

5. Collector, Mahasamund, District Mahasamund, (Chhattisgarh)

6. Tahsildar, Mahasamund, District Mahasamund, Chhattisgarh ---- Respondents Shri Jitendra Pali, counsel for the petitioner/s. Shri R.K.Gupta, Dy.A.G. for the State on advance copy. Order On Board 23/09/2015 Learned counsel for the parties jointly submit that the issue raised in this petition is covered by order dated 26/08/15 passed by the Division Bench of this Court in the case of Raj Agro Products Mill Through Proprietor v. State of Chhattisgarh and ors. In view of above, following order is passed - If the Petitioner is so advised, it may prefer an appeal before the Secretary, Department of Food and Civil Supplies preferably within a maximum period of four weeks

under Clause 15.2. The Secretary concerned is required to consider the claim and grievances of the Petitioner and dispose it by a reasoned and speaking order with utmost expeditiousness preferably within a maximum period of 6 weeks from the date of presentation provided the Petitioner himself cooperates. If the Petitioner seeks any interim relief before the Secretary so that the appeal itself be not rendered infructuous, we expect the Secretary to consider the same expeditiously in accordance with law pending disposal of the appeal. In this manner, the Secretary, after considering the grounds taken in the appeal, shall dispose the matter by a reasoned and speaking order especially if he proposes to pass an order adverse to the Petitioner to facilitate judicial review, should the need arise for the same.

5.

The Writ Petition stands disposed off.

Sd/- Manindra Mohan Shrivastava Judge Deepti