High Court · 2025

Kanaka Durga Traders, C/o. Shivaramakrishna lndustries, represented by its Managing Partner, A. Srinivas S/o. Ramachandram, Age- 46 Years, Ragudu Village, Sircilla Mandal, Rajanna Sircilla District. ...'ETITIONER AND 1 . The State of Telangana, represented by its Principal Secretary to the Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Hyderabad.

2. The District Collector (CS), Rajanna Sircilla District, Sircilla. 3. The Telangana State Civii Supplies Corporation,Iepresented by its Vice -and Managing Director, Civil Supplies Bhavan, Somajiguda, Chairman Hyderabad.

4. T6e Commissioner, Telangana State Civil Supplies Corporation, Civil Supplies Bhavan, Somajiguda, Hyderabad.

5. The District lvlanager, Telangana State Civil Supplies Corporatlon, Rajanna Sircilla District, Sircilla.

6. The District Civil Supplies Officer, Telangana State Civil Supplies Corporation, Rajanna Sircilla District, Sircilla.

7. Mis. National Federation of Farmers, Procurement Processing and Retailing Cooperatives of lndia Limited, represented by its State [vlanag!:r, Having its Sub Branch Office at 5-'10-193, 40/201, Second Floor, HACA Bhavan, Opposite Public Gardens, Hyderabad-500004. ...RES'ONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent authorities in not taking any steps for lifting the paddy available with the petitioner rice mill allotted during 2022-23 Rabi Marketing Season, considering representations dated 28-08-2023, 10-12-2024 and 14-12-2024 and the circular issued by the respondent No. 4 dated 19-09-2023, by paying the monthly rent amount of the godowns and other allied charges i.e., 1). Handling Charges (Hamali), 2). Moisture Shortage (from 12 percentage to now .lO percentage ), 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms), or in the alternate give prpi61i1y to the petitioner for paying the varue of the remaining stock which is availabre rvith him by deducting the said charges, is nothing but arbitrary, illegal' null and void and viorative of principres of naturar justice and arso viorative of Articles 14, 19 and 21 of the Constitution of lndia. lA NO: 1 OF 2025 Petition under section '151 cpc praying that in the circumstances stated in the affidavit fireci in support of the petition, the High court may be preased to direct the respondent authorities to consider the representations dated 2g-o}-2023, 10_ 12-2024 and 14-12-2024 and circurar dated 19-09-2023 for taking steps for rifting of the paddy a'rairabre with the petitioner rice miil by paying flre monthry rent amount of the gociowns and other ailied charges i.e., 1). Handling Charges (Hamali), 2). Il4oisture Shortage (from 12 % to now iO "A)),3). Gcdown Rent, 4). Fumigatlon and .i). {iervice Charges (SWC Norms), by deducting the sald charges, in the alternate perrnit the petitioner to pay the varue of the stock of paddy as per tender rate by d:ducting the quantity of the depreciation as wel as by deducting the said charges (SWC Norms). Counsel for the petitioner: SRI K.VENUMADHAV Counsel forthe Respondent Nos.1 & 2: Gp FOiCIV|L SUppLIES counser for the Respondent Nos.3 To 6: SRr r.i.q6nenvn, sc FoR Tscscl Counsel for the Respondent No.7: The Court made the following: ORDER a_) THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI TRIT PETITION No.613 of 2025 ORDER: This Writ Petition is fi1ed, under Article 226 of the Constitution of India, seeking the following reliet "...to issue an order or ditection more particulaflg one in the nqlure of utit of mand.amus or ang oth.er aPProPidte u;it declaring the action of the respond.ent autltorities in not taking ang steps for lifiing the paddg auailable with the petitioner rice mill allotted d ing 2022- 23 Rabi Marketing Seoson, considering representations drfied' 28-08- 2023, 10-12-2024 and 14-12-2O24 and the circutar issued bg the respondent No.4 dated 19-09-2023 bg paging the montruy rent amount of th.e godotuns and other allied clwrges i.e., 1) Handling Charges (Hamali), 2) Moishlre Slortage (from 12ok to not! look) 3) Godoun Rent, 4) F\tmigation and 5) Seruice Clnrges (SWC Norms)' or in the altemate gtue pioitg to the petitioner for paging the ualue of the remqinilg stock uhich is auqilable utith him bg d.educting tlle said charges, is nothing but arbitrary, illegal, null and uoid and uiolative of pinciples of naturol justice and olso uiolatiue of Atticles 14, 19 cmd 21 of the Constitlttion of IndirL ConseEtentlg direct tLE respond.ent crutl:rl,rities to consider tle representations dcfied 28-08- 2023, 10-12-2024 and 14 12-2O24 and the ciranlar issued bg tte respondent No-4 dated. 19-Og-2O23 in toking steps Jor lifung of the paddg auailable uith the petittoner ice mill bg paging the monthlg rent amount of the godoutns and otlwr allied charges i'e', 1) Handling Charges (Hamali) 2) Moisfitre Shortage (from 72% to now 1oo/o) 3) Godoum Rent, 4) Fumigation and 5) Seruice Clnrges (SWC Norms) bg dedutcting the said charges, in the altemate peflnit the petitioner to pag tlle ualue of tle stack of padtlA as per tender rdte bg d.educting the EnntitA of tfle depreciation a.s u)ell as bg deducting th.e soid chorges (SWC Nonlts) (lnd to pass.. .' ,t. 2 TMDJ wP_613_2025

2. WittL the consent of both the parties, this Writ Petition is dispos,:d of at the admission stage itself.

3. Flea:'d learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for respondent Nos.l & 2 and Sri T. P. Acharya, learned Standing Counsel ior Telangana State Civil Supplies Corporation Limited appearing for respondents No.3 to 6. Perused the rnaterial on record.

4. The main grievance of tJ.e petitioner is that the respondents are not lifting the CMR paddy pertaining to Crop Year Rabi 2022-23, from the possession of the petitioner's rice mill and the same was kept in auction for Global E-tender for third parl.ies.

5. L,:arned Government Pleader for Civil Supplies, on ora,l instructions, submitted that the respondents ale ready to lift the padd5. lying in ttre petitioner's rice mill and seeks suffrcient time. 6 IrL view of the submissions rnade by learned counsel on i either 1 \ side, this Writ Petition is disposed of directing the 3 TMDJ wP 613 2025 respondents to lift the CMR paddy lying on the petitioner's rice mill pertaining to Crop Year Rabi 2022-23' within a period of four (04) weeks from today or on or before 2O'O|'2O25' whichever is earlier. Further, the respondents are also directed to consid.er the representations of the petitioner dated 28.08.2023, lO-12'2O24 and 14'12'2024 ln the light of the circular dated 19.09'2023 issued by respondent No'4' There shall be no order as to costs' Miscellaneous applications, if arry' pending in this writ petition, shall stand closed /TTRUE COPY// ^EBi+^'.ryry,t?4"^H I seCrrou oFFlcER To 1 PSK. . GJP \ry- HIGH COURT DATED:0810112025 ORDER WP.No.613 of 2025 CC TODAY == tr'c SIAIa C (,) 0 3 ,Ali z[fi t * c'I a {-, I ! DISPOSING OF THE WRIT PETITION WITHOUT COSTS p c4eob Yt {flr,