The Chhattisgarh High Court has held that State is duty bound to timely lift paddy stocks from procurement centres to avoid deterioration of goods and financial loss.

The Court was considering the Writ Petition seeking direction to the Respondents to issue orders for lifting of the paddy stored at the Petitioner Society and pay the commission of the said purchase to the Society.

The single bench of Justice Amitendra Kishore Prasad observed, "......since the paddy has been collected by the concerned procurement centers in accordance with Government policy and the agreements entered] into by the parties, it is the duty of the State to collect the said paddy whereas for various reasons, the paddy could not be collected on time. Since the State Government has extended the lifting time repeatedly, it is expected that considering the welfare nature of the State, the paddy would be lifted from the concerned procurement centers. This act is to prevent damage to the collected paddy due to the efflux of time, climatic conditions, natural hazards such as mice and other insects and to the fact that the rainy season is proximate."

The Petitioner was represented by Advocate Vikas Kumar Pandey while the Respondent was represented by Advocate Harshal Chouhan.

Counsel for the Petitioner submitted that the the impugned inaction of the Respondents in not lifting the paddy from the Petitioner society is wholly arbitrary, unjust, and contrary to the applicable legal framework governing procurement operations. He further submitted that continued non-lifting of paddy is not only causing significant financial loss to the petitioner society, which is burdened with the cost and responsibility of storage, but is also leading to the deterioration of the paddy due to prolonged and improper storage conditions. The Counsel averred that the situation, if allowed to persist, will inevitably result in loss to the public exchequer, as the damaged stock would become unfit for distribution or sale, thereby wasting valuable public resources. He submitted that despite repeated representations and reminders submitted by the Petitioner, the Respondents have failed to take any concrete action, demonstrating a clear disregard for their statutory duties. It was thus contended that such inaction is not only detrimental to the petitioner but also violative of public interest, as the resultant loss to State Revenue directly affects the broader rights of the public and undermines effective governance.

The Court after taking into consideration circulars and policies observed that the quantity of paddy is being lifted from the concerned procurement centers time to time and the time for lifting paddy has been extended several times

Pointing out that the State Government is considering a decision regarding the lifting of paddy beyond the extended time, the Court stressed that it is the duty of the State to collect the said paddy within time limits.

"Considering the facts and circumstances of the case, the nature of the grievance raised, and the relief sought in the writ petition, it is directed that the respondent authorities shall lift the paddy stored in the procurement centers according to verification of their weight and quality and give a receipt of the same to the petitioner. It is made clear that the actual weight at the time of lifting of the paddy will be considered by the respondent authorities," the Court observed.

The Petition was accordingly disposed of.

Cause Title: Adim Jaati Sewa Sahkari Samiti Marayadit Kulhariya vs. State Of Chhattisgarh

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Chhattisgarh High CourtJustice Amitendra Kishore Prasad

Sheetal Joon