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2021 Supreme(Chh) 261

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, J.
Rooplal Sahu S/o. Late Alal & Ors. - Petitioners
Versus
State of Chhattisgarh, Through The Secretary, Department Food Civil Supplies And Consumer Protection & Ors. - Respondents
WPC No. 1807 of 2020
Decided On : 23-08-2021

Advocates Appeared:
For the Petitioners:Shri Shobhit Koshta, Advocate.
For the Respondent: Shri Gagan Tiwari, Dy. G.A.

Headnote:

Sale of paddy - Computer malfunction - Petitioners herein who are farmers have filed petition on ground that from they have deposited paddy grains with Seva Sahkari, for sale of paddy - Because of the computer malfunction paddy so delivered could not be entered in records as such manual receipts were issued which affirms the fact that petitioners have deposited paddy which are collectively filed as Annexure P-1 - It is submitted that Tehsildar on made an inspection and found that paddy which was kept in premises was substandard and on inspected record and it was found that no entry have been made in computer or other Register of receipt but entry was made in a separate register - Whether it is substandard or not no procedure since was adopted and inconsistent plea is taken before this Court – Held, rejection of the paddy of petitioners on the ground that it was substandard cannot be on oral or report of Tehsildar which was required to follow certain procedure - It is ordered that on production of deposit slip/taul parchi respondent/State would be bound to give respective price to farmers in accordance to their entitlement - It is therefore ordered that respondent shall pay respective amount to petitioners in accordance with policy which was existing as per their entitlement to proportion of their delivery of paddy - Aforesaid exercise be carried and concluded within a further period of three months - petition stands allowed.

ORDER :

Heard.

1. The petitioners herein who are the farmers have filed the petition on the ground that from 9/02/2020 to 12/02/2020 they have deposited the paddy grains with the Seva Sahkari Samiti Maryadit, Gadhadih for sale of the paddy. Because of the computer malfunction the paddy so delivered could not be entered in the records as such manual receipts were issued which affirms the fact that the petitioners have deposited the paddy which are collectively filed as Annexure P-1. It is submitted that the Tehsildar on 16/02/2020 made an inspection and found that the paddy which was kept in the premises was substandard and on 17/02/2020 inspected the record and it was found that no entry have been made in the computer or other Register of receipt but entry was made in a separate register. It is further contended that on the basis of such report of the Tehsildar Annexure P-2 on 18/02/2020 directions were issued that the paddy of the petitioners should not be purchased. It is further contended that the petitioners are not concerned as to the internal affairs of the society but the petitioners are entitled to get the amount for their paddy which the society has already accepted and the State is liable to make good the same irrespective of the fact the individual liability which may accrue to the society. Learned counsel further submits that the reply of the State would show that the procedure which has been laid down to declare the paddy to be substandard has not been followed. He would further submit that without going into that fact that the paddy delivered by the petitioners were refused to be purchased for the reason that it has not been entered in the computer, the petitioners cannot be deprived of their lawful right. It is further stated the reason which has been assigned by the Collector after direction was issued by this court in first round of litigation cannot be sustained in favour of the respondent as the respondent have changed the stand in the reply and tried to improve their act and justify the actions. It is therefore contended that the respondent be directed to pay the price of the paddy in accordance with the Government Policy and to set aside the order of the Collector dated 23/07/2020 (Annexure P-7).

2. Learned State counsel would submit that the report of the Tehsildar Annexure P-2 has not been set aside till date which contains the fact that the paddy which was found at the premises was substandard. It is further submitted that the stock of the paddy which was found at the premises which the petitioners claim to have handed over do not find place in the record as such the FIR was lodged against the society members. It is stated since the manipulation was tried to be done which is manifested by the report of the Tehsildar dated 18/02/2020 the petitioners are not entitled for any relief.

3. Heard learned counsel for the parties.

4. The petitioners claims that they are the farmers, they brought the paddy to the society and for the reason that the computer was not working on the particular date, the paddy though was procured by the society but the entry could not be made in the computer. The petitioners have relied upon the physical receipts for the paddy and the delivery receipts are filed as Annexure P-1 collectively. As per the petitioners the paddy deposited by the petitioners was to the extent of 6517 bags and a total quantity 2606.80 quintals. As per the reply of the State, the Tehsildar on inspection found a vehicle was standing out side the paddy procurement centre on 16/02/2020 and to the query it was said paddy which was being unloaded from the vehicle bearing CG 04 J.B. 4910 was sent back by a rice mill named Baba Ramdev Rice Mill since it was found to be substandard. This also finds place in the report of the Tehsildar dated 18/02/2020 Annexure P-2. As per reply on 17/02/2020 on the next date on an

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