Sri Raia Rajeshwara lndustries Paraboiled Rice Mill v. The State of Telangana

of the Constitution of lndia. Consequently direct the respondent authorities to allot the CMR paddy to the petitioner rice mill for Rabi 2024-25 Season, considering the representation submitted by the petitioner dated 23-12-2Q24, by treating the petitioner rice mill as Serial No. 1 Criteria Rice Mill of G.C. Ms. No. 27, dated 29-10-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circtrmstances stated in the affidavit filed in support of the petition, the High Courl nay be pleased to direct the respondent authorities to allot the CMR paddy to thr) petitioner rice mill for Rabi 2024-25 season, considering the representation submitted by the petitioner dated 23-12-2024, by treating the petitioner rice nill as Serial No.1 Criteria Rice mill of G O.Ms. No.27, dated 29.10.2024. Counsel for the Petitioner : SRI K.VENUMADHAV Counsel for the Respondents No.1to4 : GP FOR CIVIL SUPPI-|ES Counsel for the Respondents No.S & 6 : SRI K.DEVENDER, SiC FOR TSCSC The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADIIAVI DEVI WRIT PETITION No.l19 34 of2025 ORDER: This Writ Petition is filed seeking a direction to the respondents to consider the representation of the petitioner dated, 23.12.2024 for allotment of paddy in its favour for the Rabi KIr4S 2024-25

2. Leamed counsel for the petitioner submitted that the respondents are not allotting CMR paddy to the petitioner on the ground that there is a penalty due from the petitioner in respect of the custom milled rice which was not delivered lor Rabi 2019-20 during the Covid- l9 pandemic situation. Leamed counseI for the petitioner has drawn the attention of this Court to the notice dated 16.05.2024 issued by respondent No.2 levying the penalty on the petitioner and the representation of the petitioner dated, 23.12.2024 to delete the penalty and allot the paddy. Leamed counsel for the petitioner submitted that in similar circumstances in V/.p.No.35141 of 2OZ4,this Court had directed the respondents therein to consider the explanation of the petitioner with regard to the detay in supply of CMR rice during ) the Cpvid - l9 period and thereafter to take a decision on the allotment I 2 TMD] wp_11934_2025 of paddy and he requesled to grant a similar direction in this n.ratter as well. 3 Hearcl leamed Government Pleader for Civil Supplies, appearing 1bl respondents No.1 to 4 and Sri K. I)r:vender, Iearned Standing Counsel lbr' 'l'elangana State Civil Supplies Coqloration, appearing lbr respondertts No.5 and 6

4. I Iar ing regard to the fact that in similar ci:'cumstances, this Coufl has gr.\ cn a <lircction to the respondents to consider the representatiou of the petitioner therein, in th's case also the respondents ule directed to consider the reprcs entation of the petitionel daLed 2i.122024 and to pass appropriatt' orders thereon in I accordancc u ith tl.re djrcctions given in W.P.No.354 l4 of 1024 dated l1 .12.2024 ancl thcreatter, consider the case of the petitioner lor allotnrent of paddy lor Rabi KMS 2024-25.

5. A copv ol the order dated 17.12.2024 in W.P.No.35414 of 2024 shall be annexed to this order for ready referetrr;e.

6. With the abore directions, this Writ Peti,,i'tn is disposed of. There shall be rro order as to costs J 1 \ TMDJ wp_11934_2025 7 Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/-V.HARI PRASAD EPUTY REGIS SECTION OFFICER To,

1. The Principal Secretary to the Consumer Affairs, ood and Civil Supplies 2 3 4 5 Department, Secretariat Buildi ng The Collector (CS), Wara The Additional Collector ( The District Civil Supplies The District Manager, Telang District, Warangal. s, State of Telangana, Hyderabad. District, CS) , Warang officer, Peddapall Warangal. al District, Warangal i District, Peddapalli ana State Civi I Supplies Corporation, Warangal Corooration. Civil Supplies Bhavan, Block-B, Somajiguda, Hyderabad' Corporation, Civil Supplies Bhavan, Block-B, Somajiquda, Hyderabad' o. ine Vibe Chaiiman and Managing Director, Telangana State Civil .Supplies '7. The Vice Chairman'and Managing Director, Telangana State Civil .Supplies 8. ond cc to sRl K.VENUMADHAV, Advocate. [oPUC] 9. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State ol 10.One 6C to Sni K.DEVENDER, SC for Telangana State Civil Supplies Telangana. [OUT] Corporation. [OPUC]

11.Two CD Copies. (Along with'a copy of the Order, dated 17 -12-24 in W.P.No.3541 4 of 2024 to this Ordeo BSK I HIGH COURT DATED:2210412025 CC TODAY ORDER WP.No.11934 ot 2025 o(r -I fiE ,:: 14 ,'.,-t 2 3 ]i'r 2U5 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I. THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.35414 of 2o24 ORDER: This writ petition IS filed, under Article 226 of Constitution of India, seeking the following reliet '. . .to issue an appropriate utrit, order or direction more particularly one in the nature of turit of Mandamus declaring the actions of the Respondents issuing Notice bearing no.Lr.No.P. Admn/30/Defaulters/2O16 dated 25.11.2024 thereby calling upon the Petitioner to deliuer 811.687 Mts of CMR rice to the Respondents totuards penalty in spite of the Petitioner making complete deliueries for Crop Year Rabi 2019-2020 as being illegal, arbitrarg, unjust apart from being unconstitutional and contrary to doctine of legitimate expectation and consequentlg set aside the same and pass..."

2. With the consent of both the parties, this writ petition is disposed of at the admisslon stage itself.

3. Learned counsel for the petitioners submitted that in view of the notice, dated 25.1L.2O24, the petitioners are not likely to be allotted CMR paddy in the coming season.

4. Learned Standing Counsel appearing for respondent Nos.2 and 3 has filed a copy of written instructions, according to which the petitioners have failed to supply the CMR rice I within the stipulated time and therefore, penalt'r of 25% has been imposed and on earLier occasions i.e., orr 18.03.2021 and thereafter on 26.05.2022, nottces were irisued to the petitioners to supply the CMR rice along with penalty of 25o/o, but the petitioners have tailed to do so and due to the said default, the petitioners cannot be supplied with the CMR paddy for the current season.

5. Learned counsel for the petitioners subrnitted that the delay in supply of CMR rice was due to Covi<l'19 pandemic and therefore, the limitation period extended from time to time by virtue ol- the Hon'ble Supreme Court orders dated

16.03.2020 to 17.O7.2023 in the case of Suo Motu Writ No.l of 2O2O. He submitted that though the petitioners have made representation to the authorities to extend thr: time in the year 2O2l-22 after receipt of the aforemention( d notices, no such copies are :rvailable with the petitioners zmd therefore, he has not filed the copies along with the writ petition.

6. Having regard to the fact that the petitioners have supplied the entire quantity of CMR rice to ttLe respondent authorities though belatedly, and it is claimed .-hat the delay is only due to Covid-l9 paldemic, this Court dr.ems it fit and / i proper to permit the petitioners to make a fresh representation to the respondent authorities within a period of one (1) week from the date of receipt of copy of this order and thereafter, the respondent authorities are directed to consider the same in accordance with law, particularly having regard to the orders, dated 16.03.2020 to 17.07.2023 of the Honble Supreme Court in the case of Suo MofuWit No. I of 2O2O and pass appropriate orders in accordance with law and in the meantime, the respondent authorities are directed to consider the case of the petitioners for allotment of CMR paddy for the current years, subject to the petitioners furnishing lOYo of the bank guarantee as required under G.O.Ms.No.2 7 dated 29. LO.2024. 7 . Accordingly, this writ petition is disposed of. There shall be no order as to costs.

8. Miscellaneous petitions, if any, pending shall stand closed. JUSTICE T. MADI{AVI DEVI Date: 17.12.2024 Note: Issue C.C by 21.I2.2O24.