High Court · 2025

Sri Mahalaxmi lndustries, represented by its [Vlanaoin S/o. Shankaraiah, Ase- sz' Veirs,-kotil'fiit;sr",' Rajanna Sircilla Distric-t. g Partner, A. Srinivas Konaraopet Mandal, AND 1 2 4 q 6 7 ...PETITIONER The State of Telanoana. represe_nted by its principal Secretary to the Civil s u p p I i e s a nd co n s-u me r a ria iis Hyderabad. rt,ir.j"t, 5 lj"[i, ij t B u i rd in gs, -oepa The District Collector (CS), Rajanna Sircilla District, Sircifla. The Telangana State Civil Supplies_Corporation, represented by its Vice -crvir'S;ffiii;j B;:;", Somajisuda, chairman and Manaoino nire'itor. Hyderabad. The Commissioner. Telanoana State Civil Supplies Corporation, Civil Supplies Bhavan, Somajig"uda, nvourc UrO] -"P' rvr vvr reta nsana State Civit Suppries Corporation, Rajanna J|}:,,]?r&:T,:i:nae9r The District Civil Suoolies Officer, Telangana State Civil Supplies Corporation, Rajanna Sircilla District, Sircilla. M/s Nationar Federation of Farmers procurement processing and Retairino Cooperatives of tndia Ltd replg:gnt_ed ov its Staie nrrli;s;;:"F,;;;ildE Branch office at 5-10-.ls3 ablzor , secoirJF6r: FiAt)i Bhavan, opposite Public Gardens, Hyoerabdd_soo0o4. - -- - ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order or direction more particurarry one in the nature of writ of mandamus or any other appropriate writ decraring the action of the respondent authorities in not taking any steps for lifting the paddy available with the petitioner rice mill allottel during 2022-23 Rabi lrlarketing Season. considering representations datecl 2810812023, 1011212024 and 1411212024 and the circular issued by the respondent No. 4 dated 19/09/2023, by paying the monthly rent amount of the g,ldowns and other allied charges i.e., 1), Handling Charges (Hamali), 2). Moisture Shortage (from 12 percent to now 10 percent), 3). Godown Rent, 4). Fumigat on 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 available with him by deducting the said charges, is nothing but aroitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia. Consequently direct the respondent authorities to consider the representations dated 2810812023, 1011212024 and 1t.11212O24, and the circular issued by th-e respondent No. 4 dated 191O912023, in tak ng 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 C harges (Hamali), 2). Ivloisture Shortage (f rom 12 percent to now 10 percent), 3). Oodrrwn Rent, 4). Fumigation and 5). Service Charges (SWC Norms) by deductirg the said charges, in the alternate permit the petitioner to pay the value of the st,rck of paddy as per tender rate by deducting the quantity of the depreciation as well a:; by deducting the said charges (SWC Norms). lA NO: 1 OF 202s Petition under Siection 151 CPC praying that ln the. circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent a rthorities to consider the representations dated 2glogl2o23, 1011212024 and 14112-12024 and circular dated 19/09/2023 for 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). lVloisture Shortage (from 12 percent to now 10 percent ), 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms), by cleducting the said charges, in the alternate permit the petitioner to pay the value of the stock of paddy as per tend,3r rate by deducting the quantity of the depreciation as well as by deducting the said r;harges (SWC Norms). l i l Counsel for the petitioner: Counsel for the Respondent Nos.1 AND 2: Gp FOR clvll SUPPLIES """TllTn:["o[TS?l1"Jf SRI K. VENUMADHAV itii3,1?,..^$13_13i1Tli^i?i,,,gs, Counsel for the Respondent No.7:__ The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.658 of 2O2S ORDER: This Writ Petition is frled, under Article 226 of th.e Constitution of India, seeking the following relief: "...1o bsura qn order or diredton more partianlarlg one in the noAte of ur;t oJ mandamus or ang otller oppropriate uit dectaing the action of the respondent <rutloities in not taking ang steps for lifring the pc,ddg auailable uith the petttioner rice mill allotted dunng 2022- 23 Rebi Marketing Seasory considering representations dated 28 08- 2023, 10-12-2024 and 14 12 2024 and the circwlqr issued by the responden.t No.4 dated 19-09-2023 bg paging tLrc monthlA rent amouilt oJ^ the godouns and other allied charges i.e., 1) Handling Charges (Ilamali) 2) Moishue Slottage (from 12o/. to now 1O9/o) 3) GodnLUn Rent, 4) Fumigation and 5) Serutce Charges (SWC Norms} or in the altemate giue prioitg to the petitioner for paging the uahrc of the remaining stock u.thich is nuctilqble utith him bg deducting the said L-.lwrqes, is nothirlg but arbitrary, illegat, nutl and uotd qnd utolaiue of principles of nahrral justice and al.so uiolatiue of Articles 14, 19 end 21 of the Constitution of India. ConseqrtentlA clirecl the respotldent quthoities to consider the representations doted 28-08- 2023, 10 12-2024 qnd 14-12-2024 and tle ciranlar issued bE the respotrdent No.4 dated 19-09-2023 in taking steps for lifiing of the paddt, ouoilable with the petitioner rice mill bg paging the motthlA rent ttmount of the godowtrs and other allied. charges i.e., 1) Handlirry .aharges (Hamali) 2) Moisture Startage (from 72o/o to notu 1oa/o) .3) Godoun Rent, 4) Fumigation and 5) Service Charges (SWC NomE ) bg dedtcting the said charges, in the altemate permit the petitioner to pag the value of the stock of paddg as per tend.er rate bg dedacting the quantitg of the depreciation a.s well as bg deducting th.e said clnrges (SWC Nonns) and to pass-.." '..-:.'.: i', ,:,' I I 2 TMDJ wP_658_202s 1;

2. With the consent of both the parties, this Writ petition is disposed of at the admission stage itself. 3 Govemment pleader Heard learned counsel for the petitioner, learned for Civil Supplies appearing for respondent Nos. 1 & 2 and Sri T. p. Acharya, learned Standing Counsel for Telalgala State Civil Supplies Corporation Limited appearing for respondents No.3 to 6. perused the material on record.

4. The main grievalce of the 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 GIobaI E-tender for third parties.

5. Learned Govemment pleader for Civil Supplies, on oral instructions, submitted that the respondents are ready to lift the paddy lyrng in the petitioner,s rice mill and seeks sulfrcient time. 6 In wiew of the submissions made by learned counsel on either side, this Writ petition is disposed of directing the i -a 3 IMD,J wP_6s8_2025 fespondents to lift the cMR paddy lying on the petitioner's rice mill pertainirrg to Crop Year Rabi 2022-23 ' within a period of four (04) week-s from today or on or befor e 20 'O1 '2025 ' Further, the respond'ents are a-lso directed whichever is ear:lier' the Petitioner dated to consider the 2a.O8.2O23, lC\.12'2O24 and 14'12'2024 in the light of the circular dated 19'O9'2023 issued by respondent No'4 There shall be no 'lrder as to costs' representations of Miscellaneousapplications,ifany'pendinginthiswrtt petition, sha1l stald closed' \ //TRUE COPY// ^'s'J"1ii1iJtt\3,Rll'l / SECTION OFFICER 'igiffi*#*1ffiffiwig*+fi,tffi rerangana state civiI Suppries corporation' : l[!l.il$]* ,3J{iir$1*rlr.'"r ?pfl,"x,n:'+llitt*1"*;#-tf, '3""t'?"Yil'"stut"orreransana'at Hvderabad IOU ll s. two CD Copies "rricer' TJ GJP /n '5 ;t. (i;c t$rr*ii. A.nSrA ' lililfBJ; I I , HIGH COURT CC TODAY DATED:0810112025 ORDER WP.No.658 of 2025 1HE SI;q7 e ( o 0 I JAli 20?5 (n( z a DISPOSING OF THE WRIT PETITION WITHOUT COSTS .at @*rqs{r -aN-