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 4th respondent Letter. No. Paddy/ Default MillsMNP/Advaitha Rice Mill, Dated. 28-03-2025, in which the letter sent to the 2nd respondent for seeking permission for auction of paddy stocks available in petitioners the rice mill, pertaining to KMS 2022-23 as illegal, arbitrary against the principles of natural justice and in contrary to the Condition. No. 9.1.2(2) of Custom Milling Agreement for KMS 2022-23 (Karif and Rabi) and Commissioner Civil Supplies lnstructions Lefter. No. CCS. Ref. No. Pl(1)/2023/2023' Dated.06- O1-2O24. Consequently to direct the respondent authorities. No. 2 and 3 to reject the 4th respondent Letter. No. Paddy/Default MillsiYVNP/Advaitha Rice Mill, Dated. 2B-O3-2O25, in which the letter sent to the 2nd respondent for seeking permission for auction of paddy stocks in petitioners the rice mill, pertaining to KMS 2022-23 by considering Condition. No. 9.1.2(2) of Custom Milling ltgreement for KMS 2022-23 (Karif and Rabi) and Commissioner Civil Supplies lns,tructions Letter. No. CCS. Ref. No P!(1)12O2312O23, Dated. 06-01-2024 and petitioners representations dated. 1 0-04-2025 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circJmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities. No. 2 and 3 to reject the 4th respondent Letter. No. Paddy/Default Mills/WNP/Advaitha Rice Mill, Dated. 28-03-2025, in which the lefter sent to the 2nd respondent for seeking permission for auction of paddy stocks in petitioners the rice mill, pertaining to KMS 2O2t -23 by considering Condition. No. 9.1.2(2) of Custom Milling Agreement for KMS 2022-23 (Karif and Rabi) and Commissioner Civil Supplies lnstructions Letter No. CCS. Ref. No. Pl\1)1202312O23, Dated 06-01-2024 and petitioners representrtions dated: 10-04- 2025, pending disposal of the writ petition. Counsel for the Petitioner: SRl. CHALAKANI VENKAT YADAV Counsel for the Respondent Nos.1,3,4&5: GP FOR CIVIL SUI,PLIES Counsel for the Respondent Nos.2&6: SRI K. DEVENDER S(; FOR TSCSCL The Court made the following: ORDER TTIE HONOI.IRABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.I12I6 OF 2025 ORDER L.r this Writ Petition, the petitioner is challenging the letter of lespondent No.a dt.28.03.2025 seekirtg permission of respondent No.2 to auction the padcli' stocks avaiiabii.: in the petitioner's ricc mill ircr:taining to KMS 2022-23, as iliegal and arbitrary an'j coutrary to Contlitien |.fo.9. 1.2(2) ol Custorn l4il!lng Agreement for Klt{S 20?2-23 :lnrj consequeittl',' ro riilect the resoonilents to take action iu accotriattce with the agreeulent.

2. After filing cf the Writ Petit-ion, this Court l,ad dirccteC tl.:e re-cpondents to re-,,eri[ the stock of the peiitioner in accordarlce with 1!1q 96.rlicr Circct!ort of this Ccurt ili \V.i'.N.lo. 10365 of 2C25 ot .i)7 .04.2025. Tl'.e respondents ltave accordingly re-visitcd the rice mitl anC ha','e verifiecl- thc slock by d'.rly covct'ing the sanlc through 'iidco cov.3j'age :rnd phctcgrapl-,s a-lld nctc!:(i!llg to t-he re-verit-lcattcn iicne on i9.04.2A25- tirere is a va-i'iation oi 1981 iradcly bags each cor.rtairing '1C tgs.. ancl lirereforc, x concliisilrll ''vas ai'i iv.d at thi-i,t. iire priit?c:rci iras ) 2 V/. P. No.l I2l6 of2025 violated the corditions of the agreernent and hence, .he authority is empowered to seize the stocks and put it in auction for r.ecovery of the CMR dues.

3. Learne.cl counsel for the petitioner also confirme<l that there was a variation in srock ol 1981 bags each containing 40 kgs., and that the petitioner has subm itted a representation to the Dis trict Collector, Wanaparthy on 2l .04.2025 agreeing to abide by .he rerms and conditions of the agreement and to pay the value of the cue CMR as per the rules and directions of the Department. He submits thlt the petitioner is witling to rnake paymenr as per Condition No.!,.1.2(2) of the agreement.

4. This Court finds that both the parties are bound b.z the terms and conditions ol thc subject agreement and therefore, the respondents are directed to consider the representation of the petitionel dt.21.04.2025 and take action in accordance with the terms and c,tnditions of the subject agreement within a period of ten (10) days from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is d sposed of. No I order as to costs ) t w 3 lV.F. No.l 12 i 6 of2025

6. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. //TRUE COPY// SD/. S.IUALLIKARJUNA RAO ISTANT REGISTRAR SECTION OFFTCER To,

3. '4.

9. The Principal Secretary Consumer Affairs, Food and Civil Supplies department,Secretariat, Hyderabad. The Vice-Chairman and Managing Director, Telangana State Civil Supplies Corporation Limited, Office. 6-3- 655/1/A, Block-B, Civil Supplies Bhavan, Somajiguda, Hyderabad, The District Collector, Wanaparthy, Wanaparthy District. The Additional District Collector and EO AND ED, Telangana State Civil Supplies Corporation Ltd, Wanaparthy, Waranparthy District. The District Civil Supplies Officer, Wanaparthy, Wanaparthy District. The District Manager, Telangana State Civil Supplies Corporation Ltd, Wanaparthy, Wanaparthy District. One CC to SRl. CHALAKANI VENKAT YADAV Advocate [OPUC] One CC to Sri K. DEVENDER SC FOR TSCSCL [OPUC] Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT] '10 Two CD Copies KKS ) HIGH COURT DATED:2210412025 / CC TODAY tlit t'. -'- .. "'.. (1. I .i c IrJ \,1, 'r. : .\ 2 3 llPfl 2U5 ORDER WP.No.11216 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS 1 '1, > d \l