Court Stays Coercive Action Pending Representation on Loss Caused by Delay in Paddy Lifting

The petitioner, an In-Charge Society Manager of a Primary Agricultural Credit Cooperative Society (PACS) in Gaurela-Pendra-Marwahi, filed this writ petition aggrieved by the respondent authorities' failure to lift procured paddy.

Under the State’s procurement policy and tripartite agreement, paddy must be transported within two months of the procurement deadline (31.01.2026).

Although the procurement period ended, approximately 2805.06 quintals of paddy remained at the center in open storage, risking deterioration due to weather and potential financial loss or coercive recovery actions against the petitioner.

The petitioner sought directions for immediate lifting, compensation for weight loss/damage, and protection from coercive actions like FIRs.

1. Whether the respondent authorities are mandated to lift the remaining procured paddy within the timeframe prescribed by the State policy and tripartite agreement.

2. Whether the petitioner is entitled to protection from coercive actions and compensation for potential losses arising from the delay in transportation.

The Court's decision is guided by the administrative principles governing the State of Chhattisgarh’s paddy procurement policy and the terms of the tripartite agreement between the Cooperative Societies, the Marketing Federation, and the State.

The State's obligation to adhere to its own guidelines regarding the storage, buffer limits, and timely transportation of essential commodities (paddy) to prevent wastage and financial prejudice to cooperative societies.

Principles of natural justice and the "reasoned order" doctrine, requiring administrative authorities to consider representations before taking coercive measures.

The Court analyzed the petitioner's grievance regarding the respondents' "negligent inaction" which directly contravened the State guidelines requiring paddy to be lifted within two months of procurement closure.

During the proceedings, the counsel for Respondents No. 3 and 4 (Marketing Federation) made a statement in court acknowledging the specific remaining quantity (2805.06 quintals) and committed to transporting it within 7 to 10 days.

The Court found that since the primary prayer for lifting the stock was being addressed by this undertaking, the ancillary prayers regarding compensation and immunity from FIRs/recovery could be resolved through the administrative process by directing the petitioner to file a formal representation.

The Court directed the petitioner to submit a representation to the competent authorities, who must decide the matter via a reasoned order within 30 days of submission, and ordered that no coercive action or adverse steps shall be taken against the petitioner concerning the subject matter until the representation is decided.