Anjaneya Traders v. The State of Telangana

Petition under Article 226 of the Constitution of lnd ia 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 i mandamus or any other appropriate writ decraring the action of the respondent authorities in n,t tarking any steps for rifting the paddy avairabre with the petitioner rice mi, ailotted during 2022-23 Rabi Marketing season, considering representations dated 28-08-2023, 10-12-2024 and 14-12-2024 and the circurar issued by the resp,ondent No. 4 dated 19_09_2023, by paying the monthly rent amount of the go,Jowns and other allied charges i.e., .1 ). Handling Charges (Hamari), 2). t\,4'ristr.rre shortage (from 12 percentage to now 1o percentage), 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms), or in the alternate give priority to the petitioner for paying the varue of the remaining stock which is avairabre ra'ith him by deducting the said charges, is nothing but arbitrary, illegal, null and voicr and vrorative of principres of naturar justice and arso viorative of Articres 14, 1g ,nd 21 0f the constitution of rndia, consequenfly direct the respondent autrorities to consider the representations dated 28-08_2023, 1o_12_ 2024 and 14-12'201!.4. and the circurar issued by the respondent \o. 4 dated 19- 09-2023' in takirg s;teps for rifting of the paddy avairabre with the petrtioner rice mill by paying t'e nronthry rent amount of the godowns and othe. aljied charges i.e., 'l ). Handling Charges (Hamali), 2). Moisture Shortage (from 12 percentage to now 10 percentagel, 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms) by'deducting the said charges, in the arternate permit the petitioner to pay the value lf 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). lA NO: 1 OF 202!t Petition under section 151 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 2g_og- 2023 ' 10-12-202t1 and 14-12-2024, and the circurar issued by the respondent No. 4 dated 19-09-2023, in taking steps for rifting of the paddy avairabre with the petitioner rice mil by paying the monthry rent amount of the godowns and other allied charges i.e., 1 ). Handling Charges (Hamali), 2). Moisture Shortage (f rom 12 percentage to ncw.l0 percentage), 3). Godown Rent, 4). Fumigation and 5). service charges (sv/c Norms) by deducting the said charges, in the arternate permit the petitior er 10 pay the varue 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 Counsel for the Respondents No.1&2 : Gp FOR CIVIL SUPPLIES Counsel forthe Respondents No.3to6 : SRI T.p.ACHARYA, SC FOR TSCSC Counsel for the Respondents No.7 : -- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIO N No.764 of 20125 ORDER: Th: s lMrit Petition is filed, under Articl e 22(> of the Constitution of India, seeking the following relief: "..,to issue an order or direction more partiatlarlg one in tle nature of t,it of mandamus or ang other appropriate ttit declqring the qction oJ'the respondent quttLorities in not taking ang steps for lifring the padd,g aueilable urith the petttioner ice mill a otted duing 2022_ 23 tr,alri Mqrkettng Season, consid.eing representations d.ctted :2g-Og_ 2O2.), 10-12 2024 and 14 12 2O24 and the cirqtlar issued ltA the respcnde.nt No.4 dated 19',Og_2O23 by paging the monthh.t rent amo,.mt )f th.e godouns and other allied charges i.e., 1) Handling Charges (Hamali), 2) Moi.sture Shortage (from 12o/o to nou.t 1O%) 3) Godou)n Rent, 4) Fumigcttion and 5) Serutce Charges (SWC Norms), or in the ahernate giue priority to the petitioner for paAing the ualue of the r emaining stock Luhich is au<ilabLe uith him bg deducting the said cltarges, is nolhing but arbitrary, illegat, null and uoid and uiolatiue cf pinciples of natural justice ond. cLlso violatiue of Articles 14, t9 and 21 of the Constitution of India. Consequentlg direct the respc,ndent authoities to consider the representations d.ated 2g_Og_ 2023, 10-12-2024 and 14_12 2O24 and the circultzr issued bu the respcndent No.4 dated 19_09 2023 in taking steps for tifl:rng crf the padd.q atailable uith the petitioner rice mill bA paWng tlle monthlg rent <Tmount of tle godouns and otller allied charges i.e,-, 1) Hand\ing Charges (Hamali) 2) Moisture Shartage (fTom 12% to now 1O%) 3) Cbdown Rent, 4) Fumigatiot and. S) Serutce Chclrqes (.SWC Norm.;) b11 deducting the said charges, in the altemate permit the petittoner to pag the ualue of the stock of pad.dg o.s per tender rate bA deducling the qu.tntitA of the depreciation qs taell as bg d.educttng the sc'id cqqrges (SWC Norms) and. ta pqss..." : I 2 rM o,.l yt? 164 ZO?5

2. With the consent of both the parties, this Writ Petition is disposed of at the admission stage itself. Heard learned counsel for the petitioner, learned

3. Government Pleader for Civil Supplies appearing for respondent Nos. 1 & 2 and Sri T. P. Acharya, learned Standing Counsel for 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 tilting the CMR paddy pertaining to Crop Year Rabi 2022-23, from the possession of tJle petitioner's rice mill and the same was kept in amction for Global E-tender for third parties. Learned Government Pleader for Civil Supplies, on oral 5. instructions, submitted that the respondents are ready to lift the paddy lying in the petitioner's rice mill and seeks sufficient tirne, In view of the submissions made by learned counsel on 6. either side, this Writ Petition is disposed of directing the 3 IMDJ wP 764 2025 responderrts :o lift the CMR paddy \.ing on the petitioners, rice mill pertarning to Crop year Rabi 2022_23, within a period of four (04) weeks from today or on or befor e 2O.O1.2O25, whichever is r:arlier. Further, the respondents are also directed to consider the representations of tJle petitioner dated 28.O8.2O2:\, ,tO.12.2O24 and t4.t2.2O24 in the light of the circular deLted 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. t \ To, //TRUE COPY// SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR .--. \ l SEC'TION OFFICER

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

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

4. The Commissioner, Telangana State Civil Supplies Corporatior, Civil Supplies Blravan, Somajiguda, Hyderabad.

5. The Districl lvlanager, Telangana State Civil Supplies Corporation, Rajanna Sircilla Distr-ict, Sircilla.

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

7. The State l\,'lan;ager, I\//s. National Federation of Farmers Procurement Processing and Retailing Cooperatives of lndia Ltd., Having its Sub Branch Office at 5-10-193, 40/201, Second Floor, HACA Bhavan, Oppc,site Public Gardens, H yderabad-500004. B. One CC to SRI K.VENUIVADHAV, Advocate. IOPUC] 9. Two CCs tc, GF) FOR CIVIL SUPPLIES, High Court for the State of Telangana. [OllT] '10. One CC to SRI T.P.ACHARYA, SC for Tetangana State Civil SLrpplies Corporatior'. [CPUC] s 11.Two CD Ccpies ncJz-_- dabr.._ I . 6 t I t CC TODAY 1HE S Tl7 c q o o 6 0 I JAN ?025 I t) -i _{-. HIGH COURT DATED:0810112025 ORDER WP.No.764 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3 CT. 4\\