Shri Nath Warehouse vs Madhya Pradesh Warehousingh And Logistic Corporation Mpwlc

NEUTRAL CITATION NO. 2026:MPHC-JBP:73552
1 WP-25605-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
th
ON THE 18 OF SEPTEMBER, 2026
WRIT PETITION No. 25605 of 2026
SHRI NATH WAREHOUSE
Versus
MADHYA PRADESH WAREHOUSINGH AND LOGISTIC
CORPORATION MPWLC AND OTHERS
Appearance:
Shri Suyash Malpani - Advocate appears through VC with Shri
Shikhar Jat- Advocate for the petitioner.
Shri Ataurrehman Ansari - Advocate for the respondents no. 1 to 3.
Shri Amit Kumar Bajpai - Advocate for the respondent no. 4.
Shri Vineet Singh - Govt. Advocate for the State.
ORDER
This petition is filed seeking the following reliefs :-

(a). The petition may kindly be allowed with costs.
(b). The respondent authorities may kindly be directed
Mandamus in nature to immediately lift the entire
Government food grains (approximately 400 Metric
Tonnes) lying in the Petitioner's warehouse within 15
days.
c) Issue such other orders, writ, and direction as this
Hon’ble Court deems fit in the interest of justice in
favor of petitioner.
2.Briefly stated facts of the case are that on 21.4.2023 an agreement
was executed between the petitioner and the MPWLC for procurement
Season 2023-24. The government food grains are lying the warehouse of the
petitioner since 2023 which is not being lifted. The petitioner submitted
Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 18-09-2026
17:50:52

NEUTRAL CITATION NO. 2026:MPHC-JBP:73552
2 WP-25605-2026
various representations and complaints before the competent authorities

seeking lifting of the Government stock, however, neither the representations
/ complaints were decided nor was the stock lifted till date.
3.Despite repeated request of the petitioner, the respondents have not
lifted the stock stored in the warehouse, therefore, a detailed representation
was filed by the petitioner which is still pending adjudication and no decision
is taken by the authorities till date.
4.It is also pointed out that when the petitioner went to the authorities
asking lifting of the commodities stored in the warehouse, a demand of
illegal gratification was made, for which, a complaint was made by the
petitioner and on the complaint made by the petitioner, some officers were
placed under suspension as reflected from the newspaper reporting.
However, the suspension order etc. is not available on record.
5.Notices were issued to the respondents and reply is filed by the
respondents no. 1 to 3. Various avermens are made in the reply pointing out
various provisions of the Policy. However, the reply is silent on the fact that
why the commodities stored in the warehouse of the petitioner are being not
lifted till date despite repeated request being made by the petitioner.
6.Counsel appearing for the respondents submits that in terms of the
condition no. 9.2 of the JBS Agreement, the contractual agreement will be
continued to be in force till the stored commodities are finally lifted,
therefore, the petitioner is not having any jurisdiction to make request to the
authorities to lift the stock. They are at liberty to lift the stock as per their
wishes. However, the food commodity which is stored in the warehouse is
Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 18-09-2026
17:50:52

NEUTRAL CITATION NO. 2026:MPHC-JBP:73552
3 WP-25605-2026
the wheat which is having a lifespan.

7.It is pointed out by counsel for the petitioner that the wheat is stored
in the warehouse which is having maximum 30 months lifespan and the
wheat is stored in the warehouse since April, 2023 and not being lifted.
8.It is further pointed out by counsel for the petitioner that in
pursuance to the agreement entered into between the parties, the rent was
required to be paid @ 4,10,000/- per month approximately. Now by lapse of
time, as some commodities are lifted, only 421 Metric Tonnes is still lying to
be lifted from the warehouse. The authorities have reduced the rent to be
paid to the petitioner which is not permissible. He has drawn attention of this
Court to the reply, particularly para 3 wherein they have pointed out the fact
that "the petitioner is entitled for the admissible rent, which is payable to the
petitioner till the stored food commodities are stored in its Godown." There
is no question of reduction of rent once the agreement is in existence. Once,
they are occupying the warehouse of the petitioner by storing commodities,
they are liable to pay the rent in terms of the agreement to the petitioner.
The reply is silent on the main issue raised by the petitioner with respect to
non-lifting of the commodities by the respondents. In the reply, there is no
reason assigned for not lifting the commodities. They merely relied upon the
condition no. 9.2 of the agreement.
9.When the matter was taken up for final hearing today, the counsel
appearing for the respondents no. 1 to 3 after arguing at length has made a
categorical statement before this Court that the representation submitted by
the petitioner will be taken note of and the decision will be taken within a
Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 18-09-2026
17:50:52

NEUTRAL CITATION NO. 2026:MPHC-JBP:73552
4 WP-25605-2026
period of 30 days from today.

10.His statement is placed on record.
11.However, for filing an absurd reply before this Court for not
answering the main issue raised in this writ petition, this Court deems it
appropriate to impose a cost of Rs.25,000/- (Rupees Twenty Five Thousand)
in the Account of M.P. High Court Bar Association (SB A/C
No.519302010000549, IFSC CODE:UBIN0551937, Union Bank of India,
State Bar Council, High Court Branch, Jabalpur) within a period of seven
days from today to be borne by the O.I.C. of the case for filing such absurd
reply before this Court.
12.In view of the categorical statement made before this Court that the
representation made by the petitioner will be decided within a period of 30
days, this petition is disposed of by directing the responden no. 2 to take a
final decision on the representation vide Annexure-P/2 of the petitioner
within a period of 30 days from today.
13.With the aforesaid, this petition is finally disposed of.
(VISHAL MISHRA)
JUDGE
JP

Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 18-09-2026
17:50:52