GORSANDA PACCS LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(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 28.12016 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.