'1 . Sri Sai Paddy Rice and General lt4erchant v. 1. The State of Telangana
Case Details
Acts & Sections
Petrtion Under Artrcle 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in .....RESPONDENTS the nature of writ of mandamus, declaring the action of tlr,, respondents moieo particularly respondent No.3 in issuing proceedings vide i:i.c. No. H|27712025 dated 30-01-2025 to the petitioners for recovery of Rs.4 1i8,47,7021- (Rupees Four Crores Eighty-Eight Lakhs Forty Seven Thousand Seve rr Hundred and Two), without issuing any notice to the petitioners and without follr''r,ing due process of law in ascertaining rhs arrears, as illegal arbitrary and uncor,r;:itutional in violation of the .principles of natural justice and in contrary to the R,:.,enue Recovery Act and other provisions of Law, e.consequently, set aside the p -cceedings vide Rc. No. H127712025 dated 3O-O1-2025 issued by the respc ndent No.3 herein authorizing the resgrondent No.8 to recover amount of Rs.4 ,:8,47,1021- (Rupees Four Crores Eighty-Eight Lakhs Forty Seven Thousand Sever Hundred and Two), which was issued rvithout issuance of any notice to the pt:' tioners and without following any procedure for adjudicating the quantum of arre r.s. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High Court m I ' be pleased to stay the proceedings vide Rc. No. H1277 t2025 dated 30-01-lr)25 issued by the respondent No.3 herein authorizing the respondent No.B t:r recover amount of Rs.4,88,47 ,702l-(Rr pees Four Crores Eighty-Eight Lakhs Frr':.y Seven Thousand Seven Hundred and Two), pending the writ petition. Counsel for the Petitioners : SRI YEMMIGANUR SOMA SRI\ ATH REDDY Counsel for the Respondent Nos.1 & 5 : GP FOR CIVIL SUI,F,LIES Counsel for the Respondent Nos.3 & 8 : GP FOR REVENUE Counsel for the Respondent Nos.2, 4,6 &7 : SRI K.DEVEN IER The Court made the, following ORDER .I'[IE HONOURABLE SM'I".ITISTICE T. MADHAVI DEVI WRIT PETITION NO.gT23 o!'202s ORDER In this Writ Petition, the petitioners are challenging the proceedings dt.30.01.2025 issued tbr rccovery of 4,88,47,702l- under thc Revenue Recovery Act as uuconstitutional and as in violation ol principles of natural justice
2. On 12.08.2025, learned Govenrnrent Plcader lor Civit Supplies had filed a colrnter affidavit anci subnrittcd 1[ra,r altcr hling of tlie Writ Petition, notices have been issuerl tc thc petitioners caliing upon thcm to appear for reconciliation ol accounis. trLrt tlie petitioncrs havc r.efused to receive the said notices and lhere lbrc, the not-iccs lrave been pasted on the residential as well as the oillcial pi'crrises ol the petitioners. In vierv of the same, tl-ris Court had directed tlre pctitioners to appear and cooperate u,ith the oftlcial respoiidcnts 1'ol reconciliation ol accounts
3. Learned Government Pleader for Civil Supplies subrnitted that the petitioners have not appeared ior recon,;iliation of accounts in spite of thc second notice issued on 14.08.2025. 2 \ir i. \ ,_r.,l t l i ol l0l j .- -q
4. Learnecl cr;unsel lor the petitioners, holve.,..er. :r. oinit.(ed tnat the petitioners are rvilling to coopera.te ana,,vill appeal'be,i,:e tllc airihoritics foi .eco.ciliation of accou.ts. He submitr,ed th:t tlr: impLrgneri o:cer. d1.30.01.2025 may be set aside and ihe peritioners r ll cooper.alc lcrr. rcconciliation ol accounts and that liberty may bc grantccl io the petitioners for approaching this Court if the petitioner:. rre aggrier.cd b1, any orcier o l thc authorities subsequently.
5. Learned Govemment Pleader for Civil Suppli: sLrbrritted that liberly' rnay bc granted to the Departnrent also lor t r ing rrppropr.iutc aclion after reconciliation of accounls for recovery oI r ,] alnolult Llnder thc Itevcnuc R,:cor ery Act. 6- Learned Standing counsel for the respondcut ('.rrporati.. is al-s.
7. Having rcgald to the above submissions of all he palries, this cor-rrl- is of the rpinion that the fact that the noticcs har. ireen issuecl ftrr reconciliation cf thc accounts, demonstlates that accorLrrls irl.e \ct to bc finalised and tirerefore, the impugned order clt.30.0l .., ()2-_q ca,not be sr-rstained and it is therefore set aside. The petitioner'. ure directecl to appear befbre lhe authorities on or before 15.09.2025 .i,. reconciliation 3 W.P. No.9l2ll of 2025 of accounts and if the petitioners do not appear and cooperate with the Department, then the impugned order dt.30.01.2025 woutd get revived and the respondents are permitted to proceed iu accordance with law I Ior'i,ever, if tlie petitioners appear and tltcre is reconciliation ol accourlts, then both the respondents as well as thr' petitioners are at tibelty to evail applopriate remcdy undcr lar''.' loi re,Crcssal of their grievances, ii any, U, With tlic abovc directions, tl.re Writ PetiLion is disposeci of. Ntr crclel as to costs.
9. I'}crrding r,iscellancous petitiL\l1s, i1 atr1,, in tliis Writ I'ctition shail stanC closcd //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR o SECTION OFFICER
1. The Principal Secretary, Civil Supplies Department, Secretariat Buildings, Secretariat, State of Telangana at Hyderabad
2. The Vice Chairman and tr/-naging Director, Telangana State Civil Supplies Corporation Limited, Somajiguda, Hyderabad.
3. The District Collector, Bhadradri Kothagudem District. 4. The Additional District Collector and EO and ED, Telangana State Civil Supplies Corporation Ltd, Bhadradri Kothagudem District.
5. Th; District Civil Supplies Officer, Bhadradri Kothagudem District. 6. The District Manager, Telangana State Civil Supplies Corporation Ltd' Bhadradri Kothagudem District.
7. The Assistant lrlanager, DMO, Telangana State Civil Supplies Corporation Ltd, Bhadradri Kothagudem District.
8. The Revenue Divisional Officer, Bhadrachalam, Bhadradri Kothagudem
9. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana District at Hyderabad. [OUT] Hyderabad. [OUT]
10. Two'CCs to Gp FOR REVENUE, High Court for the State of Telangana at t t Oie CC to SRI YEIVMIGANUR SOI\'1A SRINATH REDDY, Advocate [OPUC] 12.One CC to SRI K.DEVENDER, Advocate (OPUC) 1 3. Two CD Copies To D I HIGH COURT DATED:0210912025 ORDER WP.No.9123 of 2025 oRti+:S t4 4t* ''s$' 1 / l|t ?0?, .. ;.1: .\: .,i rS-...---.,.-.-, ''- '- -Ji I ,; ': ' ..1;-. ' .._;. :._:,t... - / DISPOSING OF THE W.P WITHOUT COSTS. $ .K