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2017 DIGILAW 1630 (JHR)

Gorsanda PACCS Ltd. through its President namely Chandan Kumar Jha, son of Subhas Chandra Jha v. State of Jharkhand

2017-09-11

RAJESH SHANKAR

body2017
JUDGMENT : 1. The present writ petition has been filed for issuance of direction upon the respondents authorities to stop the lifting of procured paddy from the PACCS of the petitioners through National Federation of Farmers Procurement Processing and Retailing Co-operative of India Ltd. (in short “NACOF”), which is being lifted forcefully with the help of police without providing proper receipt on spot by NACOF to the petitioners. 2. Learned counsel for the petitioners submits that the lifting of paddy directly by the NACOF from the PACCS of the petitioners is violative of Clause-8 of the agreement dated 28.12.2016 executed between NACOF and the PACCS of the petitioners (Annexure-2 to the writ petition). 3. Learned J.C. to A.G. refers the Clause-19 of the said agreement dated 28.12.2016 and submits that in view of the said clause of the agreement, if any dispute arises between the parties, the aggrieved party can approach the Registrar, Co-operative Societies, Jharkhand for arbitration of the dispute. It is further submitted that the petitioners have already made an application before the Registrar, Co-operative Societies, Jharkhand vide letter dated 01.05.2017 (Annexure-7 to the writ petition) and therefore, it would be appropriate that the petitioners pursue the dispute before the respondent no.10 – the Registrar, Co-operative Societies, Jharkhand. 4. Considering the fact that the petitioners have already approached the respondent no. 10, I am not inclined to entertain the present writ petition. However, the respondent no. 10 is directed to look into the matter and to take appropriate decision on the letter dated 01.05.2017 filed by the petitioners (Annexure-7 to the writ petition) as expeditious as possible preferably within a period of eight weeks from the date of receipt/production of copy of this order. 5. The writ petition is disposed of with aforesaid direction.