Chattisgarh High Court
Sewa Sahkari Samiti Maryadit Ragra vs State Of Chhattisgarh on 20 April, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1841 of 2022
Adim Jati Sewa Sahkari Society Maryadit Matewa, District Rajnandgaon,
Through Manager Namely Girish Kumar Patar S/o Jagdev Ram Patar, Aged
About 37 Years, R/o House No. 194, Ward No. 10, Gotatola, Block Mohla,
District Rajnandgaon, Chhhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur
Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur,
Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its
Managing Director, Chhattisgarh State Co-operative Marketing Federation
Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa
Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing
Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar
Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur,
Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer,
District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon
Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District
Rajnandgaon Chhattisgarh.
--- Respondents
WPC No. 1842 of 2022
Vrihattakar Sahkari Samiti Maryadit, Jalbandha District Rajnandgaon, Through Manager Namely Naresh Kumar Yadav S/o Chinta Yadav, Aged About 52 Years, R/o Ward No.8, Village and Post Jalbandha, Block Khairagarh, District Rajnandgaon, Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
22. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh.
---- Respondents WPC No. 1843 of 2022 Sewa Sahkari Society Maryadit, Jhitharatola, District Rajnandgaon, Through Manager Namely Chhagan Lal Kanwar S/o Anand Lal Kanwar, Aged About 35 Years, R/o Village Halekosa, Post Shikarimahka, Block Chhuriya, District Rajnandgaon, Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh. ---- Respondent 3 WPC No. 1844 of 2022 Adim Jati Sewa Sahkari Samiti Maryadit, Bhorampur Kala, District Rajnandgaon Through Manager Namely Mahesh Kumar Verma S/o Shankar Lal Verma, Aged About 37 Years R/o Kusamitaria, Block Khairagarh, District Rajnandgaon, Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh
---- Respondents WPC No. 1846 of 2022 Sewa Sahkari Samiti Maryadit Ragra, District Rajnandgaon, Through Manager Namely Chandresh Kumar Nishad S/o Tirith Ram Nishad, Aged About 33 Years, R/o Village Ragra, Padmavatipur, Block Khairagarh, District Rajnandgaon Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
46. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh
---- Respondents WPC No. 1850 of 2022 Sewa Sahkari Society Maryadit, Kamtha District Rajnandgaon, Through Manager Namely Sanjay Kumar Dharmendra S/o Anandram Dharmendra, Aged About 48 Years, R/o 08/100, Slauni, District Rajnandgaon Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh
---- Respondents WPC No. 1851 of 2022 Sewa Sahkari Society Maryadit Madoda, District Rajnandgaon, Through Manager Namely Pawan Verma S/o Mehattar Verma, Aged About 51 Years, R/o Village Bhothi, Post Bijetala, Tahsil Khairagarh, District Rajnandgaon, Chhattisgarh.
---- Petitioner Versus 5
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh.
---- Respondents WPC No. 1852 of 2022 Adim Jati Sewa Sahkari Samiti Maryadit, Vijaypur (Rengakathera) District Rajnandgaon, Through Manager Namely Sheikh Rahmatullah Qureshi S/o Sheikh Rustam Qureshi Aged About 38 Years, R/o House No. 220, Ward No. 13, Rengakathera, District Rajnandgaon Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
68. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh
---- Respondents WPC No. 1853 of 2022 Adim Jati Sewa Sahkari Samiti Maryadit Kushikala, District Rajnandgaon, Through Manager Namely Harnarayan Ramteke S/o Pandwan Ramteke, Aged About 50 Years, R/o Ward No.8, Village Kallubanjari, Block Chhuriya, District Rajnandgaon, Chhattisgarh.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
2. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon Chhattisgarh
---- Respondents WPC No. 1854 of 2022 Vrihattakar Sahkari Samiti Maryadit, Salauni District - Rajnandgaon, Through - Manager Namely Firtu Ram Verma S/o Tikam Singh Verma, Aged About 57 Years, R/o Village - Rengakathera, Post - Salauni, Block - Khairagarh, District - Rajnandgaon (C.G.)
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Co-operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.
72. The Secretary, Food, Civil Supply and Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
3. Chhattisgarh State Co-operative Marketing Federation Limited, Through Its Managing Director, Chhattisgarh State Co-operative Marketing Federation Limited, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
4. The Registrar, Co-operative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5. The Collector, Rajnandgaon, District -Rajnandgaon, Chhattisgarh.
6. District Marketing Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
7. Chhattisgarh Rajya Sahkari Bank (Apex Bank), Through The Managing Director, Chhattisgarh Rajya Sahkari Bank, Maryadit, Head Office, Sahkar Bhawan, Plot No. 74, Sector-24, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.
8. District Co-operative Central Bank Limited, Through Its Chief Executive Officer, District Co-operative Central Bank Limited, Rajnandgaon, District Rajnandgaon Chhattisgarh.
9. District Food Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.
10. The Deputy Registrar, Co-operative Societies, Rajnandgaon District Rajnandgaon, (CG).
---- Respondents For Petitioners : Mr. Dharmesh Shrivastava, Advocate.
For State : Mr. Ghanshyam Patel, GA, Mr. Rahul Jha, GA, Mr. P. Acharya, PL, Ms. Akansha, Jain, Dy. GA, Mr. Aman Kesharwani, PL, Mr. Vikas Shrivastava, PL, Mr, Pawan Shrivastava, PL, Mr. Aditya Bhardwaj, PL & Mr. Aditya Tiwari, PL.
For Respondent Nos.3 & 6 : Mr. Ashish Surana, Advocate on advance copy only in WPC/1841/2022. In other cases, there is no representation on behalf of respondent Nos.3 & 6.
For Respondent No.7 : Mr. Jitendra Shrivastava, Advocate.
Hon'ble Shri Justice Parth Prateem Sahu Order on Board 20/04/2022 Heard.
1. Petitioners Co-operative Society procuring paddy under the policy of the State Government have filed this writ petition with following reliefs :-
"That, this Hon'ble Court may kindly be pleased to call for the records concerning the case of the petitioner from the possession of the respondents for its kind perusal.8
10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to calculate the weight loss due to reduction of moisture as the same has been occurred due to negligence on their part and the loss will be bear by the marketing federation and not by the petitioner. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the entire commission of paddy purchase work to the petitioner @ Rs.32/- per quintal without any kind of deduction.
10.4 This Hon'ble Court may kindly be pleased to direct the respondent authorities to give the entire expenses for keeping and securing the paddy for such a long time after expiry of the time limit for lifting the entire paddy ie 28.02.2022 and outer limit is 31.03.202.
10.5 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to calculate the loss occurred to the petitioner and to take steps to compensate the same by insurance company as there is provision for issuance of the Paddy Procurement Center.
10.6 That, this Hon'ble Court may kindly be pleased to pass an order whereby the respondent authorities may kindly be directed to pay the petitioner/society a sum of Rs.10,00,000/- as compensation for mental harassment of offence/first information report shall be taken against the petitioner society.
10.7 Any other relief/reliefs which the Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioner."
2. Shri Dharmesh Shrivastava, counsel for petitioner submits that on 25.11.2021, petitioner/Sewa Sahkari Society has been engaged/deputed to procure 'paddy' at identified Paddy Procurement Centre under the policy formulated by the State Government. As per direction issued under the Policy dated 25.11.2021, petitioner/society procured paddy at the identified procurement centre. Under the policy, respondent Nos.3 & 6 are having primary liability and responsibility to transport paddy from procurement centre within 72 hrs from the date of procurement.
Respondent No.3 and 6 failed to lift and transport paddy within specified time, it kept lying under open sky facing direct sun-light and untimely rains. When petitioner/society found that as per the policy, respondent 9 No.3 and 6 are not lifting and transporting paddy from the procurement centre which is kept lying under open sky and direct under sun-light, anticipating that paddy purchased by them will suffer reduction in weight and they will be held liable for wrong of others for fulfillment of shortage of paddy, petitioner/society conducted meeting, passed resolution and thereafter made correspondence to respondent Nos.3 & 6 by vide Annexure P-5 requesting them to lift the paddy collected at paddy procurement centre at the earliest. Respondent No.3 & 6 have not considered their request, therefore petitioner/society approached this Court.
3. Shri Ashish Surana, counsel for respondent Nos.3 & 6/C.G State Cooperating Marketing Federation Limited (MARKFED) submits that he accepted advance copy in Item No.6 ie WPC/1841/2022 only and advance copy of writ petition was forwarded to the Competent Authority for instructions on the grounds raised in writ petitions, but the authorities have not given any instruction till date, therefore he is unable to make any submission on ground raised in writ petitions. He also contended that respondent No.3 instructed not to accept advance copy, therefore, Panel of advocates in the High Court for respondent No.3 are not accepting advance copies of other writ petitions. Hence, he is not able to make any submission on merits of the case.
4. Shri Jitendra Shrivastava, counsel for respondent No.7 submits that petitioner/society have to purchase paddy in accordance with policy formulated by State Government. Under the policy, there is clause that liability for safety of paddy stored at the Paddy Procurement Centre is upon the petitioners. In support of his contention, he referred certain clauses of policy dated 25.11.2021.
105. Heard counsel for respective parties.
6. For sake of brevity relevant clauses are reproduced herein under:-
"16-1 [kjhQ foi.ku o"kZ 2020&21 gsrq ifjogu dh O;oLFkk ekdZQM }kjk fd;k tk;sxkA [kk| foHkkx Hkkjr ljdkj ds i= dzekad 192¼14½@2018-FC A/cs fnukad 06-05-2019 ¼ifjf'k"V&12½ esa mYysf[kr jkT; Lrjh; lfefr ds ek/;e ls /kku@lh-,e-vkj- dk ifjogu nj dk fu/kkZj.k fd;k tkosxkA 16-2 [kjhQ foi.ku o"kZ 2020&21 esa pkoy ds ifjogu nj dk Hkqxrku /kku ds ifjogu nj ds vk/kkj ij gh fd;k tk,xkA 16-3 /kku ds ifjogu gsrq fu/kkZfjr ifjogudrkZ }kjk ifjogu u fd;s tkus ij vko';drkuqlkj Lohd`r ifjogu nj ij fdlh Hkh ifjogudrkZ ls ifjogu dk dk;Z djk;k tk ldrk gSA ekdZQ sM }kjk ifjogu ugha djk;s tkus dh fLFkfr esa Lohd`r ifjogu nj ij lfefr;ksa }kjk /kku dk ifjogu djk;k tkosA bl gsrq lfefr mls 10 /kku Hk.Mkj.k o lqj{kk en vFkok izklafxd O;; ds en esa iznRr vfxze jkf'k dk mi;ksx ifjogu ns;dksa ds Hkqxrku gsrq dj ldsxh rFkk ,sls O;; dh izfriwfrZ foi.ku la?k }kjk lfefr dks dh tk,xhA lfefr;ksa }kjk /kku ifjogu djk;s tkus ij laxzg.k dsUnzks esa /kku Hk.Mkj.k djus gsrq mfpr O;oLFkk ekdZQsM }kjk dh tkosA 16-4 [kjhnh dsUnz esa /kku dh cQj LVkWd dh lhek ftyk lgdkjh dsUnzh; cSad ds }kjk r; fd;k tkosA [kjhnh dsUnz esa /kku dh ek=k cQj LVkWd dh lhek ls T;knk gksus ij 72 ?kaVs ds Hkhrj mldk 'kh?kz mBko djk;k tkosA"
xxxxxx xxxxx "19.7. leFkZu ewY; ij /kku ,oa eDdk ds miktZu dh leLr dk;Zokgh ,oa O;oLFkk dysDVjksa ds fujh{k.k] Ik;Zos{k.k ,oa fu;a=.k esa laiUu dh tkosxh A /kku ,oa eDdk ds miktZu esa dksbZ Hkh leL;k mRiUu gksrh gS rks v/kksgLrk{kjdrkZ vFkok izca/k lapkyd] Nrrhlx< jkT; lgdkjh foi.ku la?k ,oa izca/k lapkyd] Nrrhlx< LvsV flfoy lIykbZt dkiksZjs'ku ls lh/ks laidZ fd;k tk ldrk gSA 11
7. From the aforementioned clauses, it is apparent that it is the primary liability and responsibility of respondent/MARKFED to get lifted/transported the paddy procured by petitioner/society from paddy procurement centre within 72 hrs. Time frame which is provided in the Policy is for specific purpose that the paddy procured shall not be kept in open place for longer time. There is also mention in policy that buffer stock in the Society shall not exceed 3000 quintal of paddy at a time.
Clause 19.7 of policy prescribes the Collector to be the controlling and supervising authority under the policy. Main grievance of petitioner/society is that respondent/MARKFED is not lifting and transporting paddy collected at paddy procurement centre since long in accordance with the policy.
8. Taking note of clause 19.7 of policy, further considering that the Collector is the supervising and controlling authority under the policy scheme, I am of the view that no fruitful purpose will be served by keeping these writ petitions pending before this Court, it can be disposed of by directing petitioner/society to approach the Collected raising all their grievance as raised in these writ petitions by way of making representations, in turn, the Collector shall consider and pass appropriate orders on the issue raised in the representations.
9. For the foregoing reasons, these writ petitions are disposed of without calling reply from respondent No.3 & 6/MARKFED for the time being as writ petitions are not being decided on merits. Petitioners/society are directed to file representations under clause 19.7 before the Collector within a period of three weeks from today alongwith an application for grant of interim relief if any. On filing such representation, the Collector shall consider and decide the same within further period of 8 weeks from 12 the date of receipt of copy of representations.
10.At this stage, counsel for petitioner/society submits that petitioners have been threatened to meet out the shortage else coercive steps shall be taken against them.
11.Learned counsel for respondent/State submits that there is no material available on record to support submission of counsel for petitioner/society.
12. Considering entire facts and circumstances of case, nature of grievance, submission of counsel for respective parties, order dated 13.04.2022 passed by co-ordinate bench of this Court in WPC No.1757/2022 in the identical matters, it is directed that no coercive steps shall be taken against the petitioner/society for a period of 30 days. Meanwhile, petitioners will get their interim application decided by the Collector.
13. Accordingly, writ petitions stands disposed off.
Sd/-
(Parth Prateem Sahu) Judge Jamal/-