MAMTA SHARMA vs STATE OF CHHATTISGARH

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CGHC010127312021 2026:CGHC:38974-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 62 of 2021
Mamta Sharma W/o Sanjay Sharma Aged About 54 Years R/o
Rajendra Nagar, 34/a, Bajaj Colony, Sector-1, Police Station Rajendra
--- Petitioner
versus
1 - State of Chhattisgarh (Through Secretary, Food, Civil Supplies And
Consumer Protection Department) Mantralaya, Mahanadi Bhavan, Atal
Nagar, Raipur, District Raipur, Chhattisgarh.
ROHIT
KUMAR
CHANDRA
2 - Chhattisgarh State Co-Operative Marketing Federation (Through
Managing Director) 6th Floor, Tower C, Commercial Complex, Cbd,
Sector-21, Block C, Nava Raipur Atal Nagar, Raipur, District Raipur,
Chhattisgarh.
Digitally signed
by ROHIT
KUMAR
CHANDRA
3 - Union of India (Through Secretary, Department of Food And Public
Distribution, Ministry Of Consumer Affairs, Food And Public Distribution)
Krishi Bhawan, New Delhi.
--- Respondents
WPPIL No. 75 of 2022
1 - Ajay Chandrakar S/o Shri Kaliram Chandrakar, Aged About 58 Years
R/o A-108 Moulshree Vihar, Raipur, District Raipur 492001,
Chhattisgarh.
2 - Brijmohan Agrawal S/o Shri Ramji Agrawal, Aged About 62 Years
R/o Ramsagarpara, Raipur, District Raipur 492001, Chhattisgarh.
3 - Narayan Chandel S/o Late Shri Jangiram Chandel, Aged About 56
Years R/o Station Chowk, Janjgir, District Janjgir Champa 495668
Chhattisgarh.
4 - Shivratan Sharma S/o Late Shri Ramdayal Sharma Aged About 61
Years R/o Subhash Chowk, Bhatapara District Baloda Bazar Bhatapara
Baloda Bazar Bhatapara 493118, Chhattisgarh.
--- Petitioners
Versus
1 - State of Chhattisgarh, through the Chief Secretary, Govt. of
Chhattisgarh, Mahanadi Bhawan, Mantrtalaya, Naya Raipur, District
Raipur 492002, Chhattisgarh.

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2 - Secretary Department of Food and Civil Supplies, Mahanadi
Bhavan Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 492002.
3 - Chhattisgarh State Co-Operative Marketing Federation Limited
(Marfed) Through Its Managing Director, 6th Floor, Tower C
Commercial Complex. Cbd, Sector -21, Atal Nagar, Raipur 492002
Chhattisgarh.
--- Respondents
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For Petitioner in : Mr. Sabyasachi Bhaduri, Advocate
WPPIL 62/2021
For Petitioners in : Mr. Abhishek Chandra Gupta, Advocate
WPPIL 756/2022
For Respondent/State : Mr. Shashank Thakur, Additional
Advocate General
For Respondent/UOI : Ms. Annapurna Tiwari, CGC
For Respondent/Marfed : Mr. Vikram Sharma, Advocate
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal Judge ,
Order on Board
Per Ramesh Sinha, Chief Justice
. 09 03 .202 6
1. Since the issue involved in both the above captioned petitions are
one and same, they are clubbed and heard together and further
considering the fact that pleadings are already complete in
WPPIL No. 75/2022, the same is taken as lead case and both the
petitions are being disposed of by this common order.
2. Heard Mr. Sabyasachi Bhaduri, learned counsel for the petitioner
in WPPIL No. 62/2021 and Mr. Abhishek Chandra Gupta, learned
counsel for the petitioners in WPPIL No. 75/2022. Also heard Mr.
Shashank Thakur, learned Additional Advocate General,
appearing for the State/respondents, Ms. Annapurna Tiwari,

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learned Central Government Counsel, appearing for the
UOI/respondents and Mr. Vikram Sharma, learned counsel,
appearing for respondent/ Markfed.
3. WPPIL No. 75/2022 was filed by the petitioners, who are public-
spirited and well-respected members of the society and are
currently active members of the Chhattisgarh Legislative
Assembly, highlighting the extreme financial corruption and
irregularities being committed continuously in the State of
Chhattisgarh during Paddy Procurement for the years 2018-2019,
2019-2020 and 2020-2021 to the tune 3067 Metric Tons valued at
Rs. 5.38 Crores (2018-2019), 43,656 Metric Tons valued at Rs
79.54 Crores (2019-2020), and 1,76,416 Metric Tons valued at
Rs. 330.78 Crores (2020-2021) respectively within the State of
Chhattisgarh. It is submitted that in the State there is huge
financial scam involving corruption of highest magnitude and
manipulating the records to cover up the scam by making
fictitious adjustments in the stock of purchase/procurement of
paddy under the scheme of the Government thereby causing
huge financial loss to the State exchequer. By this petition the
petitioners are seeking for following reliefs :
“10.1 Call for entire records with respect to Kharif
Paddy Procurement for marketing year 2018-2019,
2019-2020 and 2020-2021 for its kind perusal.
10.2 The Hon'ble Court may direct a thorough enquiry
by a high level independent agency to ascertain the
enormous loss and wastage of paddy causing huge

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financial loss and wastage public money.
10.3 The Hon'ble Court may further be pleased to
direct the Respondent State to fasten personal liability
of the persons responsible for causing the enormous
loss and wastage of paddy and public money as well
as initiation of criminal prosecution against those
responsible.
10.4 The Hon'ble Court may issue direction to
respondent no. 1 to take all stringent care and
precaution to ensure the reduction in losses of public
money and reducing it to minimum level.
10.5 The Hon'ble Court may issue direction to the
respondent no. 1 to closely scrutinize the factors which
resulted in huge loss of more than Rs. 415.7 Crores
and fix accountability for the recovery of losses.
10.6 The Hon'ble Court may Issue or pass any other
writ, direction, or order that this Hon'ble High Court
may deem fit and proper under the facts and
circumstances.
10.7 Costs of the Petition may also be awarded.”
4. Mr. Abhishek Chandra Gupta, learned counsel appearing for the
petitioners in WPPIL No. 75/2022, submits that the instant petition
has rendered infructuous in view of the fact that a new
Procurement Policy has already been brought into force by the
State Government, which governs the procurement of paddy for
the subsequent years. It is submitted that in view of the change
in the policy and the reliefs sought in the present petitions being
rendered academic, no further adjudication is required in the
matter.

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5. Learned counsel appearing for the State/respondents, as well as
the other respondents, do not dispute the aforesaid submission.
6. Having considered the submissions made by learned counsel for
the parties and having regard to the nature of the reliefs sought in
the present petitions, this Court is of the considered opinion that,
in view of the subsequent introduction and enforcement of the
new Procurement Policy, the grievance raised in the petitions
does not survive for consideration. The reliefs sought by the
petitioners, therefore, have been rendered academic and no
effective or efficacious relief can now be granted in the present
proceedings.
7. Consequently, both WPPIL No. 62/2021 and WPPIL No. 75/2022
are dismissed as having become infructuous .
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha )
Judge Chief Justice
Chandra