✦ High Court of India · 08 Jan 2025

High Court · 2025

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,344 words

lM/s. sri Uma Maheshwara Rice Mills and Feeds lndustries, represented bv its Proprietor, Ananthula Lavanya W/o. Narayana, ege_ aa Ve;rs,-O"iGili,affy Road, Sarampaily Viilage, Th-angailapaily tviano6t, {alanna siriitti oistiicil' AND ,. ...rETtTtoNER

1. The sfate of,T^erangana, re-preserted by its principar secretary to the civir s.uppties and Consumer Affairs Department, Secietariat Buildings, Hyderabad.

2. The District Collector (CS), Rajanna Sircilla District, Sircilla. 3. The Telangana state civii Suppries corporation, represented bv its vice - Chairman and Managing Director, Civil Supplies edavan, Soh-diiguOr, Hyderabad. Supplies Bhavan, Somaiiguda, Hvderabad. '' Sircilla District, Sircilla.

4. The Comm.issioner, Telangana State Civil Supplies Corporation, Civil 5. The..Disjrict .Marl?Sef, Telangana State Civil Supplies Corporation, Rajanna 6. The District civit Suoplies officer, Telangana State civil supplies corporation, 7. Mis National Federation of Farmers procurement processinq and Retailino Coopera-tiv_es of lndia ltd, represented by its State Manager,i6vins it Sits Branch Office at 5-1 0-1 93, 4Ol2O1 , Sectind Floor, HACA"Bliauin, Spposite Public Gardens, Hyderabad-500004. Rajanna Sircitta District, Sircilla. ' ...RESPONDENTS 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 sea,son, considering representations dated 2810812023, 1011212024 and 14t1212024 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 i { I I I I (Hamali), 2). Moislure Shortage (from '12 percent to now 10 percent)' 3) Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms)' or in the alternate give priority to the petitioner for paying the value of the remaining stock which is availablewithhimbydeductingthesaidcharges'isnothingbutarbitrary'illegal' nullandvoidandviolativeofprinciplesofnaturaljusticeandalsovio|ativeof 19 a nd 21 of the Constitution of lndia Consequently direct the Articles 1 4, authrrrities to consider the representations dated 2810812023' respondent l)ll2t2}24andl,lll2t2O24,andthecircularissuedbytherespondentNo4dated 1gllgt2}23,in taking steps for lifting of the paddy available with the petitioner rice mill by paying the monthly rent amount of the godowns and other allied charges i.e., 1). Handling Charges (Hamali), 2) Moisture Shortage (from 12 percent to now 10 percent), 3). r3odown Rent, 4) Fumigation and 5) Service Charges (SWC Norms)bydeductingthesaidcharges,inthealternatePprmitthepetitionertopay thevalueofthestoc!:ofpaddyaspertenderratebydeductingthequantityofthe depreciation as well as by deducting the said charges (SWC Norms)' IA NO: 1 0F 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct therespondentauthoritiestoconsidertherepresentationsdated2Blo9l2o23' lot12t2o24and14l12l2o24andcirculardated19i09/2o23fortakingstepsfor lifting of the paddy available with the petitioner rice mill by paying the monthly rent amount of the godowns and other allied charges i.e., 1). Handling charges (Hamali), 2). Moisture Shortage (ftom 12 percent to now 10 percent)' 3) Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms)' by 'deducting the said charges, in the alternate permit the petitioner to pay the value of the stock of paddy as per tender rate by deducting the quantity of the depreciation as well as by deducting the said charges (SWC Norms)' Counsel for the Petitioner: SRI K.VENUMADHAV a;;;;;l ior the Respondent Nos.1 &2: GP FoR clvll SUPPLIES a;;;;i for the Respondent Nos.3 To 6: SRI T'P'ACHARYA' Sc FoR TScScL Counsel for the ResPondent No.7: - The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIO N No.526 of2or25 ORDER: This Writ Petition is filed, under Articl e 226 of the Constitution of India, seeking the following relief: "...to issue an order or directioa more particularlV one in the nafure o7 i;t o7 mandamus or ang other oppropiate urit declaring the action of the respondent quthorities in not taking ang steps for lifting the paddy auailable with the petitiotler rice mi allotted duing 2022_ 23 Rabi Marketing Seoso4 cottsid.eing representations dttted 2g_Og_ 2023, 10-12-2024 and 14 12-2024 ond fiLe circalqr issued bg the respondent No.4 dqted 19-09 2023 bg paging the montrug rent amount of the godouns and other allied charges i.e-, 1) Handting Charges (Hamali), 2) Moishre Stnrtage (from 12o% to nou.t 10%) 3) Godaun Rent, 4) Fumigation and 5) Seruice Charges (SWC Norms), or in th.e altemate giue prioitA to tlLe petitioner for paghg ttLe ualue of the remaining stock uhich is euailable with him bg deducting the satd charges, is nothing but arbitrary, illegat, null qnd uoid. and. uiolatiue of pinciples of nqtural justice and. also uiotatiue of Articles 14, 19 dnd 21 of the Constitution of India. Con_seqtentlA direct the respond.ent authoities to consi.der the representations daled. 2g_Og_ 2023, 10-12-2024 and 14-j2-2O24 qnd the ciratktr issued bg the respond.ent No.4 dated 19-09-2023 in taking steps for hfring of the pad.dg auailable uith fie petitio\er ice mill bg p@Aing the monthlg rent amount of the godotans and oth.er allied chnrges Le., 1) Handling Charges (Hamali) 2) Moisfitre Shortage (from 1296 to nou) loofl 3) Godatun Rent, 4) Fumig(ttion and. S) Seruice Ctwrges (SWC NorflLs) bg deducting the sqid charges, in the alternate permit the petitioner to pag the ualue of the stock of poddg a.s per tend.er rate bg deducting the quantitg of tlle depreciation o.s utell as bg deducting the said. clarges (SWC Norms) and to poss..." 2 rMDJ wP_526-2025 With 1.he consent of both the parties ' this Writ Petition

2. is disposetl of at the admission stage itself' He:ard learned counsel for the petitioner' learned 3. Government Pleader for Civil Supplies appearing for responderLt Nos.1 & 2 and Sri T' P' Acharya' learned Standing counsel fr>r Telangana state civil Supplies corporation Limited appearing, for: respondents No'3 to 6 Perused the material on record. The main grievance of the petitioner is that the 4. respondents are not lifting the CMR paddy pertaining to Crop Year Rabi 2()22-23, from the possession of t]le petitirlner's rice mil1 and ther same was kept in auction for Global E'tender for third Parties. LearrLed Government Plead'er for Civil Supplies' on oral 5. instructions, submitted that ttre respondents are ready to lift the padcly lving in the petitioner's rice mill and seeks suffrcient time. 6 In rziew of the submissions made by learned counsel on of directing the 1S disposed eitfrer s;ide, this Writ Petition 3 TMDJ wP_526_2025 respondents to lift the CMR paddy lying on the petitioners, rice mill pertaining to Crop year Rabi 2022_23, within a period. of four (04) weeks from today or on or before 2O.O1.2O25, whichever is earlier. Further, the respondents are also directed to consider the representations of tl.e petitioner dated 28.O8.2O23r IO.12.2O24 ar;d, 14.t2.2O24 in 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 any, pending in this writ petition, shall stand closed. SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To

1. The Principal Secretary to the Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Hyderabad, State of Telangana.

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

4. The Comrnissioner, Telangana State Civil Supplies Corporation, Civil Supplies Bhavan, Somajiguda, Hyderabad.

5. The District Manager, Telangana State Civil Supplies Corporation, Rajanna Sircilla District, Sircilla. Rajanna Sircilla District, Sircilla.

6. The District Civil Supplies Officer, Telangana State Civil Supplies Corporation, 7. One CC to SRI K.VENUMADHAV, Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana, at Hyderabad. [OUT]

9. One CC to SRI T.P.ACHARYA, SC FOR TSCSCL [OPUC] 10.Two CD Copies PSK. BS 6 f I CC TODAY =-HE 1 STAf ( 9; 0 A!'l 2025 L) P z () -t * ,'. I .;i 1 HIGH COURT DATED:0810112025 ORDER WP.No.526 of 2025 I I I ,! i ,1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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