AADIM JATI SEWA SAHAKARI SAMITI MARYADIT LAKHANPURI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC 747/2021
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 747 of 2021
Aadim Jati Sewa Sahakari Samiti Maryadit Lakhanpuri, Through Ramsevak
Jurri, S/o. Late Shri Shankar Ram Jurri, Aged About 39 Years, President Of
Aadim Jati Sewa Sahakari Samiti Maryadit Lakhanpuri, Tahsil & P.S. Charama,
District North Bastar- Kanker, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh, Through the Secretary, Department Of Food, Civil
Supplies And Consumer Protection, Mahanadi Bhavan, New Mantralaya, Atal
Nagar, Police Station Rakhi, District Raipur Chhattisgarh.
2. Managing Director, Chhattisgarh State Marketing Federation Maryadit, Atal
Nagar, Naya Raipur, Tahsil And District - Raipur Chhattisgarh.
3. The Collector, North Bastar - Kanker Chhattisgarh.
4. The Deputy Registrar, Co-operative Societies, Kanker, District North Bastar
Kanker Chhattisgarh.
5. District Marketing Officer, District North Bastar Kanker Chhattisgarh.
---- Respondents
For Petitioner
:
Mr. Mukul Chaturvedi, Advocate on behalf of
Mr. Sachin Nidhi, Advocate
For State
:
Mr. P. Acharya, Panel Lawyer
For Respondent No.2
:
Mr. Akash Pandey, Advocate on behalf of
Mr. Prafull N. Bharat, Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order
on Board
15.02.2021
Heard.
1.
Learned counsel for the petitioner submit that the petitioner is an agent who
procures the paddy which in turn to be handed over to the respondent No. 2 i.e.
Managing Director C.G. State Marketing Federation and agreement was
executed by the respondent No. 5 District Marketing Officer on behalf of the
respondent No. 2. According to Clause 2.7 of the agreement which is filed as
Annexure P/4, if the paddy stock exceeds the buffer limit then it is the duty of
the State Marketing Federation to lift the same. Learned counsel submit that in
respect of the paddy procurement of Dokla, the maximum capacity of the paddy
would be 3,000 quintals and the paddy has exceeded the buffer limit, therefore
the respondent No. 2 i.e. Managing Director C.G. State Marketing Federation
was duty bound to lift the same. Under these circumstances, the petitioner has
made a representation vide Annexure P-6 & P-7 to the respondent No. 2, which
may be directed to be decided.
2.
Considering the fact that the agreement exists between the parties and the
petitioner since has made a representation to the respondent authorities;
therefore the representation filed as Annexure P-6 & P-7 to the District
Marketing Officer & Managing Director, C.G. State Marketing Federation are
directed to be decided according to the terms of agreement within a period of 30
days from the date of receipt of copy of this order.
3.
With the aforesaid observation/ direction, the writ petition stands disposed off.
Sd/-
(Goutam Bhaduri)
JUDGE
Aks
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
MCC No. 104 of 2021
Aadim Jati Sewa Sahkari Samiti Maryadit Lakhanpuri Through Ramsevak Jurri S/o Late Shri
Shankar Ram Juri Aged About 39 Years, President Of Aadim Jati Sewa Sahkari Samiti
Maryadit Lakhanpuri, Tahsil And Police Station Charama, District North Bastar Kanker
Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Suplies And
Consumer Protection, Mahanadi Bhawan New Mantralaya, Atal Nagar, Police Station
Rakhi, District Raipur Chhattisgarh
2. Managing Director Chhattisgarh State Marketing Federation Maryadit, Atal Nagar, Naya
Raipur, Tahsil And District Raipur Chhattisgarh
3. The Collector North Baster Kanker Chhattisgarh
4. The Deputy Registrar Co-Operative Societies Kanker, District North Baster Kanker
Chhattisgarh,
5. District Marketing Officer District North Baster Kanker Chhattisgarh,
----Respondents
26/02/2021
Shri Sachin Nidhi and Shri Mukul Chaturvedi, coun
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