CHAITARAM BANJARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE facts and points of law involved in both the Writ Petitions being one and the same, with consent of learned counsel for the parties, the same were taken up together and are heard.

(2.) THE dispute in both the Writ Petitions is with regard to Paddy Procurement Policy for the Kharif Marketing Season 2006 -2007 as well as milling of paddy through approved Millers. The petitioners in both the cases mainly rely upon the letter issued by the Deputy Registrar, Cooperative Societies, Kalahandi, dtd.14.9.2006 (Annexure -1 to W.P.(C) No.15998/2006) asking/advising all the Primary Agricultural Cooperative Societies (for short 'PACS) to procure paddy from the loanee farmers and get the same milled through approved Millers. The letter states that societies should convene their respective meetings of Governing Body each and select a Miller and thereafter proceed in accordance with law.

(3.) THE dispute however arose when the Collector, Nuapada refused to grant Enforcement Certificate for lifting milled rice mainly on the ground that the Millers with whom the individual PACS had entered into agreement were not authorized by him. The petitioners further rely upon a letter issued by the Registrar, Cooperative Societies, Orissa, Bhubaneswar dtd. 26.12.2006 (Annexure -9 to W.P.(C) No.210/2007) wherein it has been clearly stated that PACS of Nuapada District were facing funds crisis due to poor recovery of loans from the members and in order to streamline the recovery drive, they had been persuaded to participate in the procurement operation under Linking Credit with Marketing Scheme. It further reveals that in consonance with the direction issued, the PACS had entered into agreement with different Millers. The Registrar of Co -operative Societies, Orissa requested the Collector, Nuapada to issue Enforcement Certificate in favour of the PACS of Nuapada District who had not executed agreement as per the orders of the DRCS, but then entered into agreements according to the decision of individual Board of Management, in the larger interest of the farming community. The grievance of the petitioners is that though this letter was issued on 26.12.2006 no action has been taken by the Collector till date, thereby causing immense hardship to the petitioners.