M/S Mahek Rice Mill v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3110 of 2021 M/s Mahek Rice Mill Through Its Proprietor Shri Abdul Gani Memon, Aged About 43 Years, S/o Haji Mohammad Ismail R/o Village Korgaon, Vishrampur Road, Keshkal, Tehsil Bade Rajpur , District Kondagaon Chhattisgarh.

---- Petitioner

Versus

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

2. Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Civil Lines, Raipur, Tehsil And District Raipur Chhattisgarh.

3. Chhattisgarh State Cooperative Marketing Federation Limited Through Its District Marketing Officer, Tehsil And District Kondagaon, Chhattisgarh.

4. Collector Food Branch, Tehsil And District Kondagaon, Chhattisgarh.

5. District Food Inspector District Kondagaon, Chhattisgarh. ---- Respondents For petitioner- Shri Pranjal Agrawal, Advocate. For State - Shri Ashish Tiwari, G.A.

For respondents No.2 & 3 - Shri Ashish Surana, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 12/08/2021 Heard.

1.

Learned counsel for the petitioner would submit that initially on the background of a fact that recovery proceeding before the DRT was pending the petitioner was not allowed to run his mill, however the order Anneuxure P-7 would show that issue was settled under the one time settlement scheme, therefore no proceeding is pending before the DRT. Thereafter the petitioner sought permission to run the mill and in order to carry out the custom milling the Chhattisgarh Rice Custom Milling Order, 2016. It is submitted the permission to run the mill for custom milling was sought as contemplated under Rule 4 but the Collector has not granted

the permission thereby was not allowed to run the mill. He would submit that representation was also filed with the Chief Minister Annexure P-9 and lastly the representation was filed before the Collector by Annexure P11 on 23/06/2021 with a request that they want to do the work of custom milling, therefore the permission be granted. It is stated that despite considerable time has passed no decision has arrived. 2.

Considering the limited prayer of the petitioner that the application made to the Collector may be decided within a specified time so that he can run his business, the respondent No.4, Collector, Kondagaon is directed to decide the application of the petitioner dated 23/06/2021 to grant custom milling in accordance with the rules within a period of 15 days from the date of receipt of this order.

3.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri