High Court · 2025

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 appropriate writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities and their subordinate officers in harassing and interfering with the petitioner rice mill day to day business activities under the guise of short fall of paddy supplied for Rabi 2022-23 though said paddy was auctioned and respective bidders purchased same in the auction proceedings vide e-Tender Reference No. Mktg.M2I2450/KMS 2022-231, Date 25.01.2024 and not lifted the paddy so far and 1st respondent vide G.O.Rt.No.9, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.l) Department, dated 1 1.03.2025 granted 3 more months time to them and as per the agreement conditions respondents can initiate any action only after lifting the paddy by the bidders/auction purchasers, as illegal, Arbitrary and consequently 9a: direct the respondent not to interfere with the business activities of petitioners rice lA NO: 1 OF 2025 Petition uncier Section 151 CPC praying that in the circums;tances stated in the affidavit filed in srpport of the petition, the High court may be oleased to direct the respondents not to harass and interfere with the.business activities of the petitioner rice mill wiih regard to the Rabi paddy 2022-23 which ra,as auctioned on 25.01 .2024 by giving further time of 3 months to lift the paddy vrd.e G.O.Rt.No,9, CONSUMER AFF,ATRS, FOOD AND CtVtL SUppLtES (CS t) De,partment, date{ 11 03.2025 Oounsel for the Petitioner: SRI K.RATHANGA pANt REDDY Counsel for the Respondent Nos.1,3 & 4: Gp FOR CIVIL SUppLtES Counsel for the Respondent No.2: SRI K.DEVENDER, SC FOR TSCSCL The Court made the following: ORDER w THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO. 1005s OF 2025 In this writ petition, the petitioner is seeking a direction to the respondents not to interfere with the day to-'day activities of the petitioner's rice mill and not to harass them under the guise of shortfall of paddy supplied for Rabi 2022 2023 and in not following due process of law as mandated in the agreement entered into with the department for supply of CMR Paddy and to pass such other order or orders in the interest ofjustice.

2. Learned counsel for the petitioner submitted that vide G.O.Rt.No.9 dated 11.O3.2025, the bidders have been given time for a period of three months for lifting o[ the paddy from the rice mills and in the guise of inspection, thc pctitioner rice mill is being harassed. He submitted Lhat if there is a shortfall in the paddy to be lifted, the petitioner is ready to abide by the terms of the agreement and the respondents have to follow due process of law for enforcing the agreement.

3. Learned Government Pleader for Civil Supplies has obtained written instructions in this matter and it is submitted that out of total 5246.OaO MTs., of paddy to be lifted, only 300 MTs., of paddy have been lifted and 4946.O8O MTs., of CMR 2 paddt'are',r,'t to be lifted and when the stocks u,as verified in regular intervals, it was found that CMR paddy \\,as not available jn thc mill and it has been diverted by Lhc pctitioner. The discrcl,iLncy with regard to the mill code obtatned by the petitioncr i:; also mentioned in the written instructior-tr; and that a shovv cause notice has already been given to the pe titioner in respecI of t]r: ner,r'mill code obtained by the petitioner Enclosed with the \\ rrtten instructions is the statement givt n by the petitioncr L rat he would make the payment ol tl-re s hortfall of paddy as 1tr r tl-re agreeme nt before June, 2025. 4 . l-earned (iovernment Pleader, therefore. .iubmitted that tl.rere i,; onl.y regular inspection of the rice mill ar d there is no interfer c t,^r l>v r he officers.

5. Ilaving regard to the rival contentions and the material c r: record, this Court finds that thc authr rities are entitlecl tc ir-rspect the premises of the rice mill at periodical intenals trr verify the stocks and if there is an1, shortlz ll, then il is for tl-re pe titioner to explain. However, this Court fin ls that to the bidders, of the paddy, time has been grant( d up to 11 .O6.2O2lt t o lift the paddy and whenever such an action is anticipatecl c r is undertaken, the petitioner has to s rpply the w / 3 paddy. If there is a shortage of paddy to be supplied, then the respondents are entitled to proceed in accordance with law to enforce the terms and conditions of the agreement. In the guise of inspection, the authorities shall not interfere with or harass lhe rice mill owners.

6. In view of the same, this Court directs lhe respondents not to interfere with day-to-day affairs of the rice mill, except for the inspection of the rice mill as mandated and Lo proceed in accordance with the agreement if there is a shortfall when the bidder lifts the paddy from the petitioner,s rice mi1l. With regard to the new rice mill code, the respondents are at liberty to proceed in accordance with law.

7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. B. Miscellaneous petitions, if any, pending in this writ pehtlon, shall stand cl osed- SD /.T. TIRUMA DEPUTY RE GI TRAR DEVI ./ ,/TRUE COPY// SECTION FFICER i-ifr**+'fr#li*t*g*qi'?*,:ff*it",ffi *' U#$$#.rygqqtg+t'g-.t,*Y,W,il,';'"u:." Two CD CoPies 7 o \ To 1 I 1 4 5 t) f'* W I ,| HIGH COURT DATED:0410412025 I I ORDER WP.No.10055 of 2025 l I 1HF- Sr4 ,4 t .i 1t Atfr ZW t ) ('( t C .a as, DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ (