M/S Shri Dau Chawal Udyog v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 685 of 2015

1. M/s Shri Dau Chawal Udyog, a sole proprietorship firm through its sole proprietor Prahlad Kumar Pandey S/o Late Shri Dhujee Ram Pandey, aged 55 Years, Occupation Business, resident of Vill-Sirri, Post Kanki, Tahsil Tilda, District Raipur (Chhattisgarh), Revenue District Raipur. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies and Protection Of Consumer Department, Mantralaya, Mahanadi Bhawan, Distt. Raipur Chhattisgarh

2. Managing Director, Chhattisgarh State Civil Supplies Corporation Ltd., Raipur (Chhattisgarh)

3. Manging Director, Chhattisgarh State Sahkari Vipadan Sangh Maryadit, Raipur, Distt. Raipur (Chhattisgarh)

4. District Marketing Officer, Chhattisgarh State Sahari Vipadan Sangh Maryadit Nutan Kishan Rice Mill Parisar, Ramsagarpara, Raipur Chhattisgarh

5. District Manager, Chhattisgarh State Civil Supplies Corporation Ltd., Raipur, Chhattisgarh

6. Collector, District Raipur (Chhattisgarh)

7. Food Controller, Through Collector, District Raipur (Chhattisgarh)

8. Additional Tahsildar, Revenue Officer, Tahsil Kharora, District Raipur. ---- Respondents For Petitioner. - Mr. Dinesh Tiwari, counsel.

For Respondents.

Mr. Prafulla N. Bharat, Additional Advocate General with Mr. Satish Gupta, Govt. Advocate for the State.

Hon'ble Shri Justice T. P. Sharma Hon'ble Shri Justice Inder Singh Uboweja Order On Board (20/04/2015) Per T.P. Sharma, J.

1.

By this writ petition, the petitioner has prayed for following reliefs.:- (a) "This Hon'ble Court may kindly be pleased to quash the Annexure P-4 (Bank Guarantee) and Annexure P-5 notice

of 146 of land revenue code issued by respondent No.7, in the interest of justice.

(b) This Hon'ble Court may kindly be pleased to direct the Respondents authorities to grant extension of time for easy supply of the balance quantity of CMR in the interest of justice.

(c) Code of the proceedings.

(d) Any other relief as this Hon'ble Court may be pleased to grant".

2.

We have heard learned counsel for the parties. 3.

As per initial case of the petitioner and respondents, 18088.08 metric tonne custom milled rice was due against the petitioner relating to year 2013-14. The petitioner was required to deposit the same on or before 28.02.2015, but he has failed to deposit said quantity of rice. Notice dated 19.03.2015 (Annexure P/6) was served upon the petitioner, but the petitioner has failed to comply with such notice. As per Annexure P/3, time for depositing the rice has been extended till 15.04.2015, but till today the petitioner has failed to deposit such rice to the respondent authorities. As per Annexure P/4 dated 27.03.2015, respondent authority had directed to bank authority for encasement of bank guarantee submitted by the petitioner. Even after receiving such notice, the petitioner has not taken any steps to deposit the custom milled rice to respondents, which shows that the petitioner is not ready to comply with the terms of agreement, which are required to be complied with by the petitioner.

4.

In these circumstances, we do not find any ground for issuance of order in the nature of writ.

5.

Consequently, the writ petition is liable to be dismissed and is hereby dismissed. I.A.No.01/2015, for interim relief also stands dismissed. 6.

No order as to costs.

Sd/- Sd/- JUDGE JUDGE Vijay