High Court · 2025

Petition under Article 226 ol lhe 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). Mc,isture Shortage (from 12 percent to now 10 percent), 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms), or in the alternate give prlority to the petitioner for paying the value of the remaining stock which is available with h m by deducting the said charges, is nothing but arbitrary, illegal, null and void ard'violative of principles of natural justice and also violative of Articles 14, 19 anC 21 ol the Constitution of India. Consequently direct the respondent authorities to consider the representations dated 28-08-2023, 10-12- 2024 and 14-12-201,24, and the circular issued by the respondent No. 4 dated 19- 09-2023, 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 (trom 12 percent to now 10 percent), l)). 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 'lepreciation as well as by deducting the said charges (SWC Norms) lA NO: 'l OF 2025 Petition under S ection 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to consider the representations dated 28-08-2023, 10-12-2024 and 14-12-2024 and circular dated 19-09-2023 for taking steps for lifting of the paddy available with the petitioner rice miil by paying the monthly rent amount of the godowns and other allied charges i.e., 1). Handling Charges (Hamali), 2). Moisture Shortage (from 12 % to now 10 o/o),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: SRl. K. VENUMADHAV Counsel for the Respondent Nos. 1&2: GP FOR CIVIL SUPPLIES Gounsel for the Respondent Nos. 3to6: SRI T.P. ACHARYA, SC FOR TSCSCL Counsel for the Respondent No.7:- The Court made the following: ORDER ,,:rtxr&r ,. ) THE HON'BLE SMT. JUSTICE T' MADHAVI DEVI WRIT PETITIONNo.714 of20.25 ORDER: This Writ Petition 1S frled, under Article 226 of the Constitution of India, seeking the following relief: '...to issue qn order or direction more particularlg one in the nature of tttit of m(lndrrmts or any other oppropriate lDit dectaing tte actionofthefespotldentauthoitiesinnottakingangstepsfortifiing lhe paddg auoildble Loith tLLe petitioner rbe mill allotted duing 2022- 23 Rctbi Marketing Season" ansideing representations dated 28-08- 2023, 10-12-2024 and' 14 12 2O24 qnd the circular issued bg the resPoftdentNo.4dqtedlgog-2o23bgpagingtLemontrugfent amount of the godowns and other allied' charges ie ' 1) Hondling Charges (Hamati), 2) Moisture Shortqge (from 12o/o to nout 1O%) 3) Godoun Rent, 4) Fumigotion and 5) Seruice Charges (SWC Norms)' or intheoltemqlegiuepioritgtothepetitionerforpaaingthevalueof the remaining stock tuhich is <tuulable uith him bg deducting the said clutrges, ts nothing but arbitrary' itlegat' nutl and uoid and uiolatiue of pinciples of nrrtural justice and also violatiue of Arlictes 14,19(rnd21oftheCon-stitutionoflndio'.Con-seqtaentladirectthe responlent duthoities to cottsider the representations dated 2S-O8' 2023, 10-12-2024 and' 14-12-2024 ani the ctrcular issued bg the respondent No 4 dated lg O9-2O23 in taking steps for lifiing of the paddg auailable uith tle petitioner ice mill bg paging tlle monthlA rent (Tmount of the godouns qnd' other atlied charges ie'' 1) Handling Chorge s (Homali) 2) Moistr'Lre Storlage (from 12ok to now 1O%) 3) Godoun Rent, 4) Fumigcrtion and' 5) Seruice Charges (SWC Norms) bg dedtt ctitlg the srrid charges, in the altemate pemit the petitioner to PaA the ualue of *E stock of paddg as per tetlder rate by deducting the qtantitg oJ tlv depreciqtion as uelt as bg deduc the said. chdrges (SWC Norms) and to pass- "' l 2 TI.IDJ wP 774 2025

2. \Vith the consent of both the parties, this Writ Petition is disposed of at the admission stage itself.

3. I{eard learned counsel for the petitioner, learned Governn-".en1- Pleader for Civil Supplies appearing for respondernt Nos.l & 2 and Sri T. P. Acharya, learned Standing Counsel for Telangana State Civil Supplies Corporation Lirnited appearing for respondents No.3 to 6. Perused the materia_l on record.

4. I'he main grievarce of the petitioner is that the respondents are not lifting the CMR paddy pertaining to Crop Year Rabi 2022-2,3, from the possession of the petitioner,s rice mill and the same was kept in auction for Global E-tender for third parties.

5. Learned Government Pleader for Civil Supplies, on ora_l instructions, submitted that the respondents are ready to lift the paddy lying in the petitioner's rice mill and seeks sufhcient time.

6. In view of the submissions made by learned counsel on either sirle, this Writ Petition is disposed of directing the 'v.,'g f IMO,I wp_714_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 (O4) weeks from today or on or before 2O'O|'2O25' whichever is earlier. Further, the respondents are also directed to consider the representations of the petitioner dated 28.08.2023, 10.12.2024 and 14.12'2024 h the light of the circular dated 19.09.2O23 issued by respondent No'4' There shall be no order as to costs. Miscellaleous applications, if any, pending in this writ peltiq1 sball stand closed soia.v.s. PRASAD ASSISTANT REGISTRAR //TRUE COPY// SE ON OFFICER The Princioal Secretary to the Civil Supplies and Consumer Affairs +i!fl lffi lti"":'"?:1t'T'$;l;*J3#[]fl'3f i"o'-'*'''' iflffii$"r#+,[l*]t'ffi l*;][[fi?:H'hi{i?,"j::il"'* :*tln*n':*r1"'H"?Xi'#'3313Til'suppriescorporation'Ra ?ffi"5j,f,tJI8lii[tllii'"q onicer, reransana state civit supplies corporation' .if, f,,:[,i*?]*'tP#g,,!ilrl*iqi{*r,n%,,n"s,a,e.r ..3?383i3 JRil, o"*o*"o, sc FoRrscscLroPUCI 1.Two CD CoPies To,

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4. 5 6 7 8I 1 1 BM BS {--., HIGH COURT DATED:0810112025 ORDER WP.No.714 ot 2025 CC TODAY :: trE ST4 Ie 1 ( q 0 g Jiii ?l o A { DISPOSING OF THE WRIT PETITION WITHOUT COSTS /e /4 //r/ts ! ;