2025:CGHC:60893-DB NAFR Digitally signed by JYOTI JYOTI SHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR SHARMADate:

2025.12.16

10:56:30 +0530 WPC No. 6489 of 2025 Umakant Barik S/o Shri Chudamani Barik Aged About 43 Years R/o Pretandih, Kendudhar, Saraipali, Distt. Mahasamund Chhattisgarh ... Petitioner(s)

versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Cooperative Societies, Mahanadi Bhavan, Mantralaya Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur Chhattisgarh

2. Commissioner/ Registrar Of Cooperative Societies For Chhattisgarh, Block - B, 3rd Floor, Indrawati Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Vivek Kumar Shrivastava, Advocate For Respondent/ State : Mr. Y.S. Thakur, Addl. A.G.

Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

15/12/2025

1. Heard Mr. Vivek Kumar Shrivastava, counsel for the petitioner and also heard Mr. Y.S. Thakur, learned Addl. A.G. for respondent/

state.

2. The petitioner has filed this petition praying for following relief:-

“i) That this Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondent authorities for its kind perusal.

(ii) That this Hon'ble Court may kindly be pleased to direct the respondent authorities to amend the impugned Gazette Notification dated 15.10.2025 (Annexure P/5) issued by respondent No. 1/Secretary, Department of Cooperative Societies, Raipur to the extent of granting approval for establishing the reorganized Primary Agricultural Credit Cooperative Society at Village Pretandih.

(iii) That this Hon'ble Court may also kindly be pleased to grant any other relief deemed fit in the facts and circumstances of the case to the petitioner including cost of the petition.”

3. Facts of the case are that the petitioner, a farmer of Village Pretandih, District Mahasamund, challenges the final notification dated 15.10.2025 whereby Village Pretandih was merged into PACS Bagaijor. It is stated that under the PACS Reorganization Scheme, 2025, the State Government had earlier issued an order dated 02.04.2025, duly published in the Gazette on 03.04.2025, creating a separate PACS “Pretandih” comprising Villages Pretandih, Baidpali, Balsi, Kokdi and Bhikhapali. Subsequently, by notification dated 07.08.2025, a revised reorganization was proposed inviting objections, pursuant to which the petitioner and other farmers objected and sought retention of PACS Pretandih, even receiving a recommendation dated 05.10.2025 from the Hon’ble Finance Minister in their favour. Despite this, the impugned notification dated 15.10.2025 was issued merging Pretandih with PACS Bagaijor, which is assailed in the present petition seeking restoration of PACS Pretandih as earlier notified.

4. Learned counsel for the petitioner submits that inclusion of Village Pretandih in PACS Bagaijor has caused severe hardship to local farmers in accessing cooperative and credit facilities. It is contended that the State Government had already taken a final decision to constitute a separate PACS “Pretandih” vide order dated 02.04.2025, published in the Gazette on 03.04.2025, creating a legitimate expectation among farmers, which has been arbitrarily defeated by the subsequent notifications dated 07.08.2025 and 15.10.2025 without assigning any reasons. It is further submitted that the reversal of the earlier notified decision and merger with PACS Bagaijor is arbitrary, non-speaking, and violative of Article 14, as objections of the farmers and even the recommendation dated 05.10.2025 of the Hon’ble Minister were ignored. The counsel also points out the geographical inconvenience of Bagaijor, availability of land at Pretandih, and the unanimous Gram Sabha resolution in favour of PACS Pretandih, and submits that the impugned notification suffers from non-application of mind.

5. Learned State counsel sub