Chhattisgarh High Court
Administrative and Public LawContract Law

Writ petition over paddy shortage declined where the agreement provides an effective arbitration remedy.

HARISHANKAR BANJARA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 26, 20262 MIN READSOURCE JUDGMENT
Writ petition over paddy shortage declined where the agreement provides an effective arbitration remedy.. HARISHANKAR BANJARA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was in charge of the Dullapur Paddy Procurement Centre during the 2021–2022 Kharif season.

Source reference: para. 1–2

Under a tripartite agreement dated 1 December 2021, he procured 33,489.20 quintals of paddy.

Source reference: para. 1–2

After deliveries to millers and the collection centre, 1,013.41 quintals remained at the procurement centre.

Source reference: para. 1–2

The petitioner alleged that heavy rain damaged the stored paddy and that MARKFED failed to arrange its timely lifting despite his requests.

Source reference: para. 1–2

He further alleged that officials threatened to recover the loss from him personally without an inquiry.

Source reference: para. 1–2

He sought an inquiry into responsibility for the damage and action against the responsible persons.

Source reference: para. 1–2

The respondents opposed the petition, relying on the State’s Paddy Procurement Policy for 2025–2026 and the agreement’s transportation and dispute-resolution provisions.

Source reference: para. 4
02

Issues

1. Whether the petitioner’s claim concerning loss or shortage of paddy allegedly caused by delayed transportation and natural dryage could be determined in writ proceedings in light of the procurement policy.

Source reference: para. 6–7

2. Whether the petitioner should be relegated to the agreement’s dispute-resolution mechanism.

Source reference: para. 8–10
03

Law Applied

Clauses 15.9 and 16.3 of the State’s Paddy Procurement Policy for 2025–2026 provide, respectively, that no general dryage allowance is permissible and that, if MARKFED does not arrange transportation, the societies may arrange it at the applicable rates, with eligible expenses subsequently adjusted or reimbursed by MARKFED.

Source reference: para. 6–7

Clause 5.6 of the agreement provides for recovery of amounts due from the society’s commission and other incidental amounts, with further recovery proceedings contemplated if a balance remains.

Source reference: para. 7

Clause 13 provides for resolution of contractual disputes by the District Collector, with an appeal to the Divisional Commissioner.

Source reference: para. 8

The Court treated that contractual mechanism as an alternative and efficacious remedy; it cited no statutory provision or judicial precedent.

Source reference: para. 9
04

Reasoning

The Court considered the alleged shortage to arise from natural dryage during the period in which the paddy remained unlifted.

Source reference: para. 6–7

It held that deciding the petitioner’s claim in writ proceedings would require consideration of the policy provisions, which do not generally permit dryage and provide a mechanism for societies to arrange transportation when MARKFED fails to do so.

Source reference: para. 6–7

Because the agreement also provides a mechanism for resolving disputes, the Court concluded that the petitioner should pursue that remedy rather than seek the requested relief through a writ petition.

Source reference: para. 8–10

The Court did not determine the merits of the alleged delay, damage, or personal liability.

Source reference: para. 11
05

Holding

The High Court declined to entertain the writ petition and disposed of it, leaving the petitioner at liberty to raise disputes covered by Clause 13 before the appropriate authority.

It directed the concerned authority, if approached, to consider and decide the dispute in accordance with law, after affording the petitioner an opportunity of hearing and passing a reasoned order.

Source reference: para. 10–12

The Court expressed no opinion on the merits.

Source reference: para. 10–12
Chhattisgarh High Court

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HARISHANKAR BANJARAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 26, 2026

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