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CGHC010304702026 2026:CGHC:38766-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 800 of 2026 Dushyant Prakash Nag S/o Shri Atma Ram Nag Aged About 29 Years R/o M.No. 02, N.H. 30 Main Road Chinouri Ward No. 1, Gram Chinouri, District- Utter Baster Kanker (C.G.)

... Appellant(s)

versus

1. State of Chhattisgarh Through Secretary, Chhattisgarh State Backward Class Commission Shahid Bhagat Singh Chowk, Shanker Nagar, Road Raipur (C.G.)

2. The Collector, Durg Distt- Durg (C.G.)

3. Kamla Motors Through Its Proprietor Kailash Barmecha, Aged About 51 Years S/o Shri Prakash Chand R/o Digamber Jain Mandir Road, Gandhi Chowk Durg (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Appellant : Mr. Vinod K. Sharma, Advocate.

For Respondent/State : Mr. Priyank Rathi, Government Digitaly Advocate.

signed by BRIJMOHAN BRIJMOHANMORLE MORLE D 20 a 2 te 6 : .09.02 For Respondent No. 3 : Mr. B.L. Dembra and Mr. C.R. Sahu, +0530 Advocates.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

02 .09.2026

1. Heard Mr. Vinod K. Sharma, learned counsel for the appellant. Also heard Mr. Priyank Rathi, learned Government Advocate, appearing for the State/respondents No.1 and 2, and Mr. B.L. Dembra and Mr.

C.R. Sahu, learned counsel appearing for respondent No.3.

2. The present intra-Court appeal has been preferred by the appellant assailing the order dated 17.06.2026 passed by the learned Single Judge in WPC No.598 of 2023 (Kamla Motors vs. State of Chhattisgarh & Others), whereby the writ petition preferred by respondent No.3/writ petitioner herein was allowed and the proceedings of the Chhattisgarh State Backward Class Commission were quashed.

3. Learned counsel appearing for the appellant submits that the appellant is a citizen of India and is entitled to the fundamental rights guaranteed under Part III of the Constitution of India.

4. It is further submitted by learned counsel for the appellant that an agreement was entered into between the appellant and the private respondent No.3 for purchase of a Preet Harvester Machine, Model No.4949, for a total consideration of Rs.21,00,000/-. An advance amount of Rs.30,000/- was paid on 31.07.2020 and the remaining amount of Rs.20,70,000/- was thereafter paid through three demand drafts bearing Nos.048441, 048442 and 048443, all dated 09.09.2020. Despite receipt of the entire sale consideration, the booked harvester was not delivered. The appellant was initially assured that the machine would be delivered on 18.09.2020, and thereafter on 25.09.2020 and 05.10.2020. Ultimately, on 22.10.2020, instead of the booked Harvester Model No.4949, 76 HP, documents relating to another model were handed over to the appellant. It was informed that the booked model could not be supplied for the agreed consideration of Rs.21,00,000/-.

5. Aggrieved by the aforesaid circumstances, the appellant approached City Kotwali, Durg. It is further submitted that, when no effective action was taken, the appellant was allegedly assaulted by Shri Yuvraj Deshmukh for the purpose of forcing a compromise, whereafter the appellant approached the Chhattisgarh State Backward Class Commission, Raipur.

6. Upon consideration of the statements and documents placed before it, the Commission found that the delay in delivery of the booked harvester and the supply of a different model had caused loss to the appellant in his agricultural activities. The Commission, after considering the matter in its meeting, recommended that the compensation claimed by the appellant be recovered from respondent No.3 and paid to the appellant. It further recommended that the Collector, District Durg, be requested to take necessary steps for recovery of the recommended amount from respondent No.3, Shri Kailash Barmecha, and for payment thereof to the appellant, Shri Dushyant Prakash Nag.

7. The principal submission of learned counsel fo