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  1. Home/
  2. Library/
  3. High Court Of Chhattisgarh/
  4. 2024/
  5. March

Bharat Singh Rajput vs. State of Chhattisgarh

Decided on 28 March 2024• Citation: WPC/1783/2024• High Court of Chhattisgarh
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                                          1                                         
                                                                        NAFR        
                       HIGH COURT OF CHHATTISGARH,   BILASPUR                       
                                  WPC No. 1761 of 2024                              
            Santosh Kumar Sahu S/o Shri Baldau Ram Sahu Aged About 45 Years Occupation -
             Manager Cum Incharge Of Paddy Procurement Center Fandwani, R/o Village 
             Fandwani, Police Station, Tahsil And District Mungeli (C.G.) Mobile No. 9755992821
                                                                  ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station Rakhi, Tahsil And District Raipur (C.G.)                       
          2. Collector (Co-Operative Branch) Mungeli, District : Mungeli, Chhattisgarh
          3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District : Mungeli, Chhattisgarh                              
          6. Nodal Officer Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District : Mungeli,
             Chhattisgarh.                                    ---- Respondents      
                                  WPC No. 1763 of 2024                              
            Manharan Lal Yadav S/o Shri Panchram Yadav Aged About 58 Years Occupation -
             Manager Cum Incharge Of Paddy Procurement Center Bhatgaon, R/o Village 
             Bhatgaon, Police Station Mungeli, Tahsil Pathariya, District Mungeli (C.G.) Mobile No.
             9691048624.                                         ---- Petitioner    
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station Rakhi, Tahsil And District Raipur (C.G.)                       
          2. Collector (Co-Operative Branch) Mungeli, District : Mungeli, Chhattisgarh
          3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District : Mungeli, Chhattisgarh                              
          6. Nodal Officer Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District : Mungeli,
             Chhattisgarh.                                    ---- Respondents      
                                  WPC No. 1765 of 2024                              

                                          2                                         
            Sitaram Choudhary S/o Shri Hiradhar Choudhary Aged About 48 Years Occupation
             Manager (Samiti Prabandhak) Prathmik Krishi Sakh Sahakari Samiti Maryadit Rohina,
             Registration No.885, R/o Village Bhounradadar, Thana, Tahsil And Block Basna,
             District : Mahasamund, Chhattisgarh.             ---- Petitioner       
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi
             Bhawan, Capital Complex, Atal Nagar New Raipur, District : Raipur, Chhattisgarh
          2. Managing Director Markfed, Chhattisgarh Raipur, District : Raipur, Chhattisgarh
          3. Collector Mahasamund, District : Mahasamund, Chhattisgarh              
          4. District Co-Operative Markfed Officer Mahasamund, District : Mahasamund,
             Chhattisgarh                                                           
          5. Deputy Registrar Co-Operative Society Mahasamund, District : Mahasamund,
             Chhattisgarh                                                           
          6. Branch Manager Zila Sahkari Kendriya Bank Maryadit Raipur, Branch Bhanwarpur,
             District : Mahasamund, Chhattisgarh.          ---- Respondents         
                                  WPC No. 1770 of 2024                              
            Hare Krishna Banjare S/o Shri Ramlal Banjare Aged About 46 Years Occupation
             Manager (Samiti Prabandhak) Prathmik Krishi Sakh Sahakari Samiti Maryadit Salkhan,
             Registration No. 859 R/o Village- Mungadih, Thana, Tahsil And Block- Basna, District -
             Mahasamund (C.G.).                                  ---- Petitioner    
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary , Co-Operative Department, Mahanadi
             Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur (C.G.) 
          2. Managing Director, Markfed, Chhattisgarh Raipur, District Raipur (C.G.)
          3. Collector Mahasamund District Mahasamund (C.G.)                        
          4. District Co - Operative Markfed Officer Mahasamund, District - Mahasamund (C.G.)
          5. Deputy Registrar Co-Operativ Society, Mahasamund , District Mahasamund (C.G.)
          6. Branch Manager, Zila Sahkari Kendriya Bank Maryadit Raipur, Branch Bhanwarpur
             District Mahasamund (C.G.).                      ---- Respondents      
                                  WPC No. 1772 of 2024                              
            Sanjay Jaiswal S/o Shri Vasudev Jaiswal, Aged About 44 Years Occupation-Manager
             Cum Incharge Of Paddy Procurement Center Kodwamahant, R/o Raja Colony Lormi,
             Police Station And Tahsil-Lormi, District-Mungeli (C.G.) Mo. No. 7898877528.
                                                                  ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station-Rakhi, Tahsil And District Raipur (Cg)                         

                                          3                                         
          2. Collector (Co-Operative Branch) Mungeli, District Mungeli (C.G.)       
          3. Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District Raipur (C.G.)                                                 
          4. Assistant Registrar, Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer, Chhattisgarh Rajya Sahkari Vipanan Sangh Maryadit
             Mungeli, District Mungeli (C.G)                                        
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District Mungeli
             (C.G.).                                          ---- Respondents      
                                  WPC No. 1775 of 2024                              
            Parmeshwar Kashyap S/o Late Jagdish Ram Kashyap Aged About 36 Years    
             Occupation Manager Cum Incharge Of Paddy Procurement Center Masni, R/o Village
             Batha, Police Station Jarhagaon, Tahsil Lalpur, District Mungeli (C.G.) Mobile No.
             8889442843.                                         ---- Petitioner    
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station Rakhi, Tahsil And District Raipur (C.G.)                       
          2. Collector (Co-Operative Branch) Mungeli, District : Mungeli, Chhattisgarh
          3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District : Mungeli, Chhattisgarh                              
          6. Nodal Officer Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District : Mungeli,
             Chhattisgarh.                                    ---- Respondents      
                                  WPC No. 1776 of 2024                              
            Jai Prakash Chandrakar S/o Shri Ishwar Chandrakar Aged About 45 Years Occupation
             Manager Cum Incharge Of Paddy Procurement Center Raitrakala , R/o Village
             Salheghori, Police Station - Fasterpur, Tahsil - Lormi, District - Mungeli, (C.G.) Mo. No.
             6266961080.                                      ---- Petitioner       
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station - Rakhi Tahsil And District Raipur (C.G.)                      
          2. Collector (Co-Operative Branch) Mungeli, District Mungeli (C.G.)       
          3. Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited 6th
             Floor, Tower - C Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,

                                          4                                         
             District Raipur (C.G.)                                                 
          4. Assistant Registrar Co- Operative Societies Mungeli Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Mungeli
             , District Mungeli (C.G.)                                              
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District Mungeli
             (C.G.).                                          ---- Respondents      
                                  WPC No. 1778 of 2024                              
            Rampad Kashyap S/o Shri Purshottam Kashyap Aged About 49 Years Occupation
             Manager Cum Incharge Of Paddy Procurement Center Vicharpur ,r/o Village Lalpur
             Kala, Police Station - Lormi , Tahsil Lalpur, District Mungeli (C.G.) Mo No. 6268906156
                                                                  ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station - Rakhi Tahsil And District Raipur (C.G.)                      
          2. Collector (Co-Operative Branch) Mungeli, District Mungeli (C.G.)       
          3. Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited 6th
             Floor, Tower - C Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District Raipur (C.G.)                                                 
          4. Assistant Registrar Co- Operative Societies Mungeli Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District Mungeli (C.G.).                                      
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District Mungeli
             (C.G.)                                                                 
                                                               ---- Respondents     
                                  WPC No. 1781 of 2024                              
            Devi Singh Rajput Shri Punaram Rajput, Aged About 60 Years Occupation- Incharge
             Manager Cum Incharge Of Paddy Procurement Center Gidha, R/o Behind Bank Of
             Baroda, Bilaspur Road Mungeli, Police Station, Tahsil And Distirct Mungeli (Cg) Mo.
             No. 9993232620.                                     ---- Petitioner    
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station - Rakhi, Tahsil And District Raipur (C.G.)                     
          2. Collector (Co-Operative Branch) Mungeli, District Mungeli (Cg.)        
          3. Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District Raipur (Cg)                                                   

                                          5                                         
          4. Assistant Registrar, Co-Operative Societies Mungeli, Tahsil And District Mungeli (Cg)
          5. District Markeing Officer, Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District Mungeli (Cg)                                         
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District Mungeli
             (Cg).                                            ---- Respondents      
                                  WPC No. 1783 of 2024                              
            Bharat Singh Rajput S/o- Shri Salika Singh Rajput, Aged About 39 Years Occupation-
             Manager Cum Incharge Of Paddy Procurement Center Kodawa,, R/o- Village Kodwa,
             Police Station- Lalpur, Tahsil And District- Mungeli, ( C.G.). Mo. No. 97547551818
                                                                  ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through- Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station- Rakhi, Tahsil And District- Raipur (C.G).                     
          2. Collector, ( Co Operative Branch) Mungeli, District- Mungeli (C.G.).   
          3. Managing Director, Chhattisgarh. State Co- Operative Marketing Federation Limited,
             6th Floor, Tower- C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District- Raipur (C.G.).                                               
          4. Assistant Registrar, Co- Operative Societies Mungeli Tahsil And District- Mungeli
             (C.G.).                                                                
          5. District- Marketing Officer, Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District- Mungeli (C.G.).                                     
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District- Mungeli
             (C.G.).                                          ---- Respondents      
                                  WPC No. 1784 of 2024                              
            Ravikant Chandrakar S/o Late Nandram Chandrakar Aged About 55 Years Occupation
             - Manager Cum Incharge Of Paddy Procurement Center Lagra, R/o Village Lagra,
             Police Station Fasterpur, Tahsil Lormi, District Mungeli (C.G.) Mo. No. 9630008024
                                                                  ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station Rakhi, Tahsil And District Raipur (C.G.)                       
          2. Collector (Co-Operative Branch) Mungeli, District : Mungeli, Chhattisgarh
          3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)

                                          6                                         
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District : Mungeli, Chhattisgarh                              
          6. Nodal Officer Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District : Mungeli,
             Chhattisgarh.                                    ---- Respondents      
                                  WPC No. 1786 of 2024                              
            Rajesh Kumar Yadav S/o Uttamlal Yadav, Aged About 36 Years Occupation Manager
             (Sanstha Prbandhak) Seva Sahakari Samiti Maryadit, Nirtu, Registration No. 696, R/o
             Village Devri, Post And P.S. Pandhi, District Bilaspur Chhattisgarh. ---- Petitioner
                                        Versus                                      
          1. State Of Chhattisgarh Through The Secretary Department Of Food, Civil Supplies
             Consumer Protection Mantralay, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,, District
             : Raipur, Chhattisgarh                                                 
          2. Managing Director -C.G. State Market Federation Maryadit, Atal Nagar, Naya Raipur,
             District : Raipur, Chhattisgarh                                        
          3. The Collector, Bilaspur, District : Raipur, Chhattisgarh               
          4. District Cooperative Central Bank Limited, Through Its Chief Executive Officer, District
             Cooperative Central Bank Limited, Bilaspur, District : Bilaspur, Chhattisgarh
          5. Nodal Officer, District Cooperative Central Bank Limited, District : Raipur, Chhattisgarh
          6. District Marketing Officer, Bilaspur, District : Bilaspur, Chhattisgarh. ---- Respondents
                                  WPC No. 1787 of 2024                              
            Banshi Lal Sahu S/o Late Kejaram Sahu Aged About 57 Years Occupation - Manager
             Cum Incharge Of Paddy Procurement Center Baki, R/o Village Nirjam, Police Station,
             Tahsil And District Mungeli (C.G.) Mo. No. 9926728762. ---- Petitioner 
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur, Police
             Station Rakhi, Tahsil And District Raipur (C.G.)                       
          2. Collector (Co-Operative Branch) Mungeli, District : Mungeli, Chhattisgarh
          3. Managing Director Chhattisgarh State Co-Operative Marketing Federation Limited, 6th
             Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atal Nagar Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar Co-Operative Societies Mungeli, Tahsil And District Mungeli (C.G.)
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit
             Mungeli, District : Mungeli, Chhattisgarh                              
          6. Nodal Officer Zila Sahkari Kendriya Bank Maryadit Branch Mungeli, District : Mungeli,
             Chhattisgarh.                                    ---- Respondents      
                                  WPC No. 1788 of 2024                              
            Manoj Kumar Kashyap S/o Shri Shatruhan Prasad Kashyap, Aged About 43 Years

                                          7                                         
             Occupation Manager Cum Incharge Of Paddy Procurement Center Teliyapuran, R/o
             Teliyapuran, Police Station Jarhagaon, Tahsil Lalpur District Mungeli Chhattisgarh. Mo.
             No. 8085827300.                                  ---- Petitioner       
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And
             Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar Raipur Police
             Station Rakhi, Tahsil And, District : Raipur, Chhattisgarh             
          2. Colletor (Co-Operative Branch) Mungeli, District Mungeli Chhattisgarh. 
          3. Managing Director, Chhattisgarh State Co-Operative Marketing Federation Limited, 6
             Th Floor, Tower-C, Commercial Complex Cbd, Sector 21, Atlal Nagar, Nawa Raipur,
             District : Raipur, Chhattisgarh                                        
          4. Assistant Registrar, Co-Operative Societies Mungeli, Tahsil And District Mungeli
             Chhattisgarh.                                                          
          5. District Marketing Officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Mungeli
             District Mungeli Chhattisgarh.                                         
          6. Nodal Officer, Zila Sahkari Kendriya Bank Maryadit Branch Mungeli District Mungeli
             Chhattisgarh.                                                          
                                                               ---- Respondents     
                                  WPC No. 1789 of 2024                              
            Jitendra Kumar Patel S/o Shri Ravi Lal Patel Aged About 41 Years Occupation
             Manager (Samiti Prabandhak) Prathmik Krishi Sakh Sahakari Samiti Maryadit Chanat,
             Registration No.866, R/o Village Chanat, Thana, Tahsil And Block Basna, District :
             Mahasamund, Chhattisgarh.                            ---- Petitioner   
                                        Versus                                      
          1. State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi
             Bhawan, Capital Complex, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh
          2. Managing Director Markfed, Chhattisgarh Raipur, District : Raipur, Chhattisgarh
          3. Collector Mahasamund, District : Mahasamund, Chhattisgarh              
          4. District Co-Operative Markfed Officer Mahasamund, District : Mahasamund,
             Chhattisgarh                                                           
          5. Deputy Registrar Co-Operative Society Mahasamund, District : Mahasamund,
             Chhattisgarh                                                           
          6. Branch Manager Zila Sahkari Kendriya Bank Maryadit Raipur Branch Pirda, District :
             Mahasamund, Chhattisgarh.                      ---- Respondents        
                     (Cause Title is taken from Case Information System)            
        For respective Petitioners : Mr. Ratnesh Kumar Agrawal, Advocate,           
                                   Mr. Sunil Sahu, Advocate,                        

                                          8                                         
                                   Mr. Rajbahadur Singh, Advocate                   
        For State                : Ms. Poorva Tiwari,                               
                                   Mr. Shreyansh Mehta,                             
                                   Mr. Shubham Bajpai,                              
                                   Mr. Saumitra Kesharwani, and                     
                                   Mr. Pranjal Shukla, Panel Lawyers                
        For respective respondents : Mr. Sandeep Dubey, along with                  
                                   Mr. Manas Vajpai & Ms. Pragati Kaushik,          
                                   Advocates                                        
                                  Ms. Seema Mishra, Advocate, holding the brief of  
                                  Mr. Jitendra Shrivastava, Advocate                
                                   Mr. Vikram Sharma, Advocate                      
                                   Mr. Ashish Surana along with                     
                                   Mr. Chetan Singh Chauhan, Advocates              
                        Hon'ble Shri Justice Rakesh Mohan Pandey                    
                                    Order on Board                                  
        28.03.2024                                                                  
          1. The above captioned Writ Petitions involve common questions of law and facts
             therefore, they were heard together and are being disposed of by this common
             order.                                                                 
          2. The above-mentioned Writ Petitions have been preferred by Primary Agricultural
             Co-operative Societies through their Managers seeking therein direction(s) to
             respondent authorities to lift the paddy from paddy procurement centres.
          3. The facts in a nutshell are that the State Government took the decision to
             purchase paddy at respective paddy procurement centres directly from farmers
             and a tripartite agreement was entered into between the CG. State Co-operative
             Marketing Federation, District Co-operative Central Bank Ltd. and Primary
             Agricultural Co-operative Societies in the months of October-November, 2023.
             The  managers of Primary Agricultural Co-operative Societies engaged   
             themselves or appointed their representatives to purchase paddy from farmers
             at paddy procurement centres. According to the terms and conditions of the
             agreements, the CG. State Co-operative Marketing Federation had to lift the
             buffer stock within an outer limit of 72 hours or up to 28.02.2024. The last date

                                          9                                         
             of the paddy  purchase was  04.02.2024. Storage, purchase process,     
             computerization etc. was to be done by the Primary Agricultural Co-operative
             Societies. The grievance of the petitioners is that the buffer stock was
             purchased by the respective paddy procurement centres but the paddy was not
             lifted by the CG. State Cooperative Marketing Federation within the agreed
             period. It is further stated that non-lifting of paddy may cause a shortage in
             quantity of paddy and the petitioners have an apprehension that respondent
             authorities may initiate penal proceedings against them. The petitioners have
             further pleaded that various representations were made to the respondent
             authorities but no heed was paid.                                      
          4. Learned counsel for the petitioners would argue that the CG. State Co-operative
             Marketing Federation was under the obligation to lift the paddy by 28.02.2024
             and in the case of buffer stock, the paddy had to be lifted within 72 hours. They
             would further submit that despite repeated reminders the CG. State Co- 
             operative Marketing Federation failed to take any steps to lift the paddy from
             respective paddy procurement centres. It is also argued that paddy was 
             purchased by the centres with permissible moisture of 16-18% but by efflux of
             time, there may be some shortage in the weight of paddy on account of dryness
             and at the time of the audit, objection may be raised and consequently, action
             may be taken against the in-charge(s) of the paddy procurement centres or their
             managers. It is prayed that appropriate direction may be issued to respondent
             authorities to lift the paddy immediately.                             
          5. On the other hand, learned counsels for the CG. State Co-operative Marketing
             Federation would submit that directions have been issued to District Marketing
             Officers (DMOs) of the CG. Co-operative State Marketing Federation and 
             District Collectors to lift the paddy from paddy procurement centres as early as
             possible. It is argued that necessary directions in this regard have been issued.
             They would further submit that a permissible shortage of up to 1% of paddy is

                                         10                                         
             permissible as per the circular issued by the Central Government. They would
             also submit that the State Government issues circular in this regard every year
             and in the last year, permissible shortage was 3% as per the circular issued by
             the State Government. He would also add that there hasn't been a special
             circular published in this regard this year.                           
          6. Learned Panel Lawyers appearing for the State would submit that directions
             have been issued by the Secretary, Department of Food, Civil Supplies &
             Consumer Protection (CG.) on 15.03.2024 and all the District Marketing Officers
             of CG. State Co-operative Marketing Federation and District Collectors to lift the
             paddy from the paddy procurement centres and in this regard, a chart has been
             prepared. They would further submit that appropriate action shall be taken to lift
             the paddy from the paddy procurement centres. They would argue that the State
             Government will make the proper decision regarding the shortage by the 
             dryness.                                                               
          7. Learned counsel appearing for District Co-operative Central Banks would submit
             that according to the terms and conditions of the agreement, the CG. State
             Marketing Federation ought to have lifted paddy within the agreed period.
          8. Heard learned counsel for the parties and perused the documents placed on
             record.                                                                
          9. Today, during the course of the argument, a letter issued by the Secretary,
             Department of Food, Civil Supplies & Consumer Protection (CG.) has been
             placed on record which reveals that the District Marketing Officers of the CG.
             State Co-operative Marketing Federation and the Collectors have been directed
             to look into the matter and take appropriate steps for the lifting of paddy from
             paddy procurement centres. A chart has also been annexed to this letter. It
             appears that after filing these petitions, the State Government has taken steps

                                         11                                         
             to lift the paddy from paddy procurement centres. It is assured by learned
             counsel for the State and counsel appearing for the CG. State Co-operative
             Marketing Federation that appropriate action shall be taken by the authorities to
             lift the paddy from paddy procurement centres at the earliest, therefore, the first
             part of the grievance of the petitioners is hereby settled. Respondent authorities
             are directed to lift the paddy from paddy procurement centres as early as
             possible preferably within a period of 30 days from today.             
          10. With regard to shortage on account of dryness as stated by learned counsels for
             Marketing Federation and the State, no specific order/circular has been issued
             by the State Government, therefore the petitioners would be at liberty to make
             representation(s) before the State authorities assigning their grievances. The
             State Government and the CG. Co-operative State Marketing Federation are
             directed to take a decision on such representation(s) in an objective manner
             taking into account the difficulties of the petitioners preferably within a period of
             30 days. The authorities are directed to consider all the grounds raised by
             petitioners in their representation(s).                                
          11. The present Writ Petitions are disposed of in accordance with the     
             aforementioned observation(s) and directive(s).                        
                                                         Sd/-                       
                                                 (Rakesh Mohan Pandey)              
                                                         Judge                      
    Nadim