f^D y HIGH COURT OF CHHATTiSGARH AT DSVISION HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHR! DHSRENDRA MSSHRA, J. f.P.(CINo.1496of2008 1. 1 Vinayak Tamrakar, S/o Shri Girja Shankar Tamrakar, Aged about 39 years, R/o M/s Vinayak Tamrakar, Mjnj Rice MHE, Samoda, Distt. Durg Versus State of Chhattisgarh, Through Secretary, Food Supplies and Consumer Protection Department, D.K.S. Bhawan, iViantraiaya, Raipur (C.G.) Managlng Director, Chhattisgarh State Civii Supplies Corporation Ltd. Raipur, Distt. Raipur (CG). Managing, Chhattisgarh State Co- operative Marketlng Federation Ltd. 880 Civl! Lines, Headquarters, Raipur (C.G.) District Manager, Chhattisgarh Civil Suppiles Corporation Ltd. Durg, Distt. Durg (C.G.) District Marketing Officer, Chhattisgarh State Co-operatlve Marketing Federation Ltd. Durg, Dlstt. Durg (C.G.) Coilector, Durg (C.G.) 7. Food Inspector, Durg, Distt. Durg (C.G.) Writ Petitlon under Artic!es 228 of the Constitution of Indja Present: Smt. Fouzia Mirza, learned counsel for the petitioner. Shri Yashwant Singh Thakur, learned Deputy Advocate General for respondents No.1, 6 & 7. ORDER (7th IVSarch, 2008) The foilowing order of the Court was passed by RajeevGupta,CJ. Heard learned counsel forthe parties on admission. 2. Petitioner ~ Vinayak Tamrakar, has filed this writ petition forthe foElowingrellefs:- "10.1. This Hon'ble Court may kindiy be pleased to call for the entire records concerning the case of the petltioner from the possession of the respondents for Its kind perusal. 10.2. This Hon'ble Court may kindiy be pleased to issue a writ In the nature of mandamus directing the respondent authorities to ailow the petitioner to lift the paddy for custom milling as per agreement dtd 22-12-07 and reiease the payment of custom milling & transport charges to the petltloner which has been iiiegaily wlthheid. 10.3. This Hon'bie Court may klndly be pleased to Sssue a wrlt in the nature of certiorari quashing the effect and operatlon of the order dated 11.7.2007 (Annexure P/19) so far as it relates to the petitioner. 10.4. Any other relief or reliefs which this Hon'ble Court may think just and proper in vlew "'i'::'%ss]@^v.-; of the facts and circumstances of the case, may also kindly be granted. 10.5. Cost of the petition be also awarded." 3. The petitioner, in substance, is seeking a writ of mandamus directing the respondents - authorities to allow the petitloner to !lft the paddy for custom miiiing as per the agreement dated 22-12-2007 ; to rejease the payment of custom mii!ing and transport charges to the petitioner whteh have been illegaliy wlthheld by the respondents - authorities ; to quash the order dated 1 1 -07-2007 (Annexure P-19), so far as 'it reiates to the petltioner. 4. The petitioner entered into an agreement with Chhattisgarh Rajya Sahakari Vipanan Sangh through respondent No.5 - District Marketjng Officer on 22-12-2007 (Annexure P-10), for custom milllng of paddy. The sald agreement was vaiid up to 18-01-2008. CSause 9.1 of the agreement provides for extension of the period of agreement. The petitloner's case is that as the appiicatlon submitted by the petitioner for extension of the period pf agreement was not decided by the Coflector withln the stipulated period, the period of agreement automatically stood extended by a further period of one month. 5. The period of the agreement between the petitioner and Chhattisgarh Rajya Sahakari Vipanan Sangh admittedly came to an end on 18-01-2008. Even assuming that by vlrtue of the deeming provision in c!ause 9.1 , the agreement got extended for ,y^^^%.. ksfi^ ^. "^"T ^ ^s^^^ a further period of one month, the extended period also came to an end on 18-02-2008. The writ petition was flled by the petitioner on 04-03-2008 i.e. after the expiry of the period of agreement and even extended period ofthe agreement. 6. As now there Is no valid existing agreement between the petitloner and Chhattlsgarh Rajya Sahakari Vipanan Sangh, no writ of mandamus; sought by the petitioner, can be issued directing the respondents to aiiow the petltioner to lift the paddy for custom mililng as per the agreement dated 22-12-2007. 7. For the othsr anclliary rellefs clalmed by She petitioner in thls writ petltlon, the appropriate remedy, In our opinlon, is of fiElng a CiviE Suit before a competent Civi! Court. 8. For the foregoing reasons, the writ petition is liable to be dismissed and is hereby dismissed summariiy. subbu Sd/- Chief Justice Sd/- Dhirendra Mishra Judge