2025:CGHC:60488-DB SOURABH BHILWAR NAFR SOURABH BHILWAR Date: 2025.12.13 HIGH COURT OF CHHATTISGARH AT BILASPUR

16:04:01 +0530 WA No. 919 of 2025 Prateek Agro Industries Through Proprietor- Shivendra Singh, S/o- Late Shri N.K. Rai, Aged- 66 Years, R/o- Village- Raka, Post- Murmunda, Dongargarh, District- Rajnandgaon (C.G.)

... Petitioner versus

1 - Union Of India Through- Secretary, Department Of Food, Civil Supplies And Consumer Protection, Krishi Bhawan New Delhi

2 - State Of Chhattisgarh Through- Secretary Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (C.G.)

3 - Managing Director- Chhattisgarh State Market Federation Maryadit Atal Nagar, Naya Raipur, Distt. Raipur (C.G.)

4 - C.G. State Civil Supplies Corporation Limited, Rajnandgaon District-

Rajnandgaon (C.G.)

5 - Collector (Food Department), Rajnandgaon District- Rajnandgaon (C.G.)

6 - District Marketing Officer Department Of Food, Civil Supplies And Consumer Protection, Rajnandgaon District- Rajnandgaon (C.G.)

7 - Food Corporation Of India (FCI) Regional Office- Mova, Vidhan Sabha Marg, Raipur, District- Raipur (C.G.)

... Respondent(s)

(Cause title taken from CIS)

For Appellant : Dr. Rajesh Pandey, Senior Advocate alongwith Ms. Deblina Maity, Advocate For Respondent(s) : Ms. Anmol Sharma, CGC For Respondents/ State : Mr. Praveen Das, Dy. Advocate General For Respondents No. 3 & 6 : Mr. Shreyansh Mehta, Advocate For Respondent No.7 : Mr. Prakhar Doshre, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

12.12.2025

1. This writ appeal is presented against an order dated 06.08.2025 passed by the learned Single Judge in WPC No. 3322/2025 (Prateek Agro Industries vs. Union of India & Others), whereby, the writ petition filed by the writ petitioner/appellant herein was disposed of by the learned Single Judge. For the sake of convenience, the parties would be referred as per the status before the learned writ Court.

2. (a) The case of the writ petitioner is that the petitioner, for the purpose of Custom Milling Policy in the Kharif Marketing Year 2023- 24, entered into a contract with the government and contract letter has been executed between District Marketing Officer, District Rajnandgaon i.e. respondent no. 6 on behalf of Chhattisgarh State Co-Operation Association Limited as First party and the petitioner i.e. Second Party Proprietor -Pratik Agro Industries, functioning at Khasra No.651/3, Badhiyatola, Tahsil Dongargarh, District Rajnandgaon, CG with Mill registration no. MA429704, under Chhattisgarh Custom Milling Instructions of the Government, C.G. Government, Department of Food, Civil Supplies and Consumer Protection, Ministry of Raipur Nava Raipur, under the instructions issued regarding custom milling of paddy procured in the year 2023-

24.

(b) Thereafter the petitioner lifted 29490 quintals of FCI paddy and 22260 quintals of NAN paddy as per contract agreement. Subsequently the petitioner depositing the CMR day by day, however, due to closure of online portal, the petitioner could not deposit the entire CMR, which is a bona fide mistake and as such, the denial in accepting the balance of CMR since December, 2004 is contrary to the principle of natural justice. Subsequently on the basis of the order of this Court, the date was extended from 10-05- 2025 to 30-06-2025 to deposit the balance CMR of 2023-24. Thereafter the petitioner sent the lot of 290 quintals but failed to deposit the same as online portal was locked. For which the petitioner moved a representation, however, the same does not yield any fruitful result.

3. The learned Single Judge after hearing the parties, disposed of the writ petition observing thus, at paras 18 & 19 :-

xx xxx xxx

18. From the above decision in similar circumstances it has been held that when contractual remedy by way of arbitration is available and the dispute pertains to interpretation