Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

30.04.2026

1. By filing the present writ petition, the petitioner assails the arbitrary inaction and apathy on the part of the respondents, particularly the Food Corporation of India (FCI), in failing to allot confirmed stacks and provide essential logistical support for deposit of Custom Milled Rice (CMR) under the Kharif Marketing Season 2024–25, despite valid subsisting agreements. It is contended that due to the respondents’ failure in ensuring timely stack allotment, labour availability and unloading facilities, the petitioner has been rendered incapable of performing its contractual obligations, and is now being exposed to coercive consequences, including forfeiture of bank guarantees, even though the delay is wholly attributable to the respondents. The petitioner has prayed for following reliefs :-

a. Issue an appropriate writ, order or direction to the Respondents Food Cooperation of India to allot stacks to the Petitioner expeditiously and without delay, and to ensure timely clearance and approval of lots so as to facilitate uninterrupted delivery of CMR;

b. Issue an appropriate writ, order or direction to concerned respondents to grant reasonable extension of time for completion of delivery of CMR beyond 30.04.2026;

c. Issue an appropriate writ, order or direction to restrain the Respondents from taking any coercive steps against the Petitioner;

d. Issue an appropriate writ, order or direction to the Respondents to permit the Petitioner to complete delivery of Custom Milled Rice (CMR) for Kharif Marketing Season 2024-25 without imposing any penal consequences, considering the administrative and systemic constraints;

e. Issue an appropriate writ, order or direction to the Respondents to ensure smooth and timely acceptance of rice by: providing adequate labour at depots, ensuring timely unloading of trucks, allocating appropriate depots, ensuring proper stack allocation and clearance mechanisms.

f. Pass any other order(s), direction(s), or relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. And for this act of kindness, the Petitioner, as in duty bound, shall ever pray.”

2. Brief facts of the case, in a nutshell, are that the petitioner is a rice miller engaged in custom milling of paddy under the Kharif Marketing Season (KMS) 2024–25 pursuant to agreements executed with the District Marketing Officer, Durg. In furtherance thereof, the petitioner entered into three Custom Milling Agreements dated 09.12.2024 and 18.12.2024 for specified lot numbers, requiring milling of paddy and delivery of Custom Milled Rice (CMR) to designated agencies including the Food Corporation of India (FCI) within the stipulated period, which was subsequently extended by the Government of India up to 30.04.2026.

3. During the subsistence of the said period, multiple administrative and logistical constraints arose at the level of the respondent authorities, including non-availability of labour at FCI depots, delay in unloading of trucks, improper depot allocation with ongoing rack operations, delay in allotment of stacks, shortage and subsequent discontinuation of Fortified Rice Kernels (FRK), non-availability of gunny bags, and recurring technical issues in the online systems governing allocation and delivery. Various communications issued by FCI, Markfed and the District Marketing Officer acknowledge these constraints and the resulting disruption in the CMR delivery process.

4. Despite repeated representations by the petitioner and the Rice Mill Association highlighting these issues, no effective remedial measures were undertaken. As a consequence, substantial quantity of CMR remains to be delivered, th