M/s Subramanyeswara Agro lndustries v. The State of Telangana

The Joint Collector (Civil Supplies), Nagarkurnool District, Nagarkurnool The Deputy Talasildar, Enforcement, Office of the District supplies Officer, Nagarkurnool, Nagarkurnool District The District firlanager, Telangana State Civil Supplies Corporation Ltd (TSCSCL), Nagarkurnool Distnct, Nagarkurnool. ...RESPONDENTS 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 Writ of [Vlandamus, declaring the seizure of 1 160.925 Mts of Rabi 2024-25 paddy on the ground of alleged shortage of paddy without taking into consideration in other godowns and there is ample time to supply the rice to the corporation, as illegal, arbitrary, violative of principles of natural justice and without power or authority under law. lA NO: 1 OF 2025 Petition under Section 15'1 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 2nd respondent to release 1160.925 l\,4ts of Rabi 2024-25 paddy pending disposal of the above writ petition Counsel for the Petitioner: SRI K.RATHANGA PANI REDDY Counsel for the Respondent No.1 to 3: GP FOR CIVIL SUPPLIES Counsel forthe Respondent No.4: SRI K.DEVENDER, SC FOR TGSCSCL The Court made the following: ORDER THE HON'BLE SMT. JUSTTCE T. MADTTAVI DEVI wRlT PETITION No.20320 of 2025 ORDER: This Writ Petition is fited chatlenging the seizure of ii60.925Mts of paddy allotted to the petitioner lor the Rabi season 2024-25 on the ground of shorlage of paddy tbr the earlier seasons.

2. Learned counsel lor the petitioner submitted that the respondents have not taken into consideration the fact that the petitioner has stored the paddy in other godowns and there is ample time to supply the rice tp respondent No.4-Corporation for the current season. Learrred counsel for the petitioner has drawn the attention of this Court to the complaint given by respondent No.4-Corporation to the Police to demonstrate that the ground balance of paddy of

1160.925 Mts is for Rabi season 2024-25. Thus, according to the petitioner, the paddy available on the ground is only for the current season and there is still ample time lbr him to suppty rice in respect of the said paddy. ln respect of the shortage ol paddy fbr the Rabi 2022- 23 and Kharif 2024-25, Iearned counsel for the petitioner submitted that the said paddy is available in other godowns and the petitioner is willing to give the details of such paddy and godowns and if there is 2 TMDJ wp 2A)20_2025 furlher shorlage, the respondents may proceed in accordance with the terms and conditions of the Agreement

3. Learned Standing Counsel for Telangana State Civil Supplies Corporation, appearing for respondent No.4, has lomarrled the copy of the writter.r instructions received by him, according to which on the day of inspection, paddy for the earlier season was not available and thcrclore the paddy which u'as available in the mill has been seized. Hc submitted that the petitioner has not given anv explanation tbr the shortage of paddy at the time ol inspection. Learned Standing Counsel said that the action can be taken for shorlage of paddy under Clause 9.1 .2 of the Agreement between the petitioner and respondent No.4-Corporation

1. Leamed Govemment Pleader for Civil Supplies, appearing tbr respondents No. I to 3, submitted that the petitioner is responsible for the storage of the paddy and he has to take pemission if the said paddy is stored in any other place other than the mill and the petitioner has lailed to do so.

5. Having regard to rival contentions and the material available on record, this Court finds that the respondents have identifled the paddy available in the rice mill at the time of inspection as belonging to the / To, 3 TMDJ wp_20320_2025 Rabi 2024-25 season and as submitted by the learned counsel for the petitioner, the time for detivery of CMR rice for the Rabi season 2024-25 is October 2025. Therefbre, rhe said paddy coulci not have been seized by the respondents. The resnondents are therefore directed to release the said paddy to enable the petitioner to mill and deliver the same within the time agreed upon. As regards the shortage of paddy for seasons Rabi2022-23 and Kharil2024-25,the petitioner is directed to give the details of such paddy available in the other godown to respondents No.3 and 4 r.vithin a pcriod ol one (01) week from the date of receipt'ot, .opy of this ordcr. Respondent Nos.3 and 4 shall thereafter verify the same and if they are not satisfied with the same and if there is stilt a shortage, they may proceed in accordance with the terms and conditions of the Agreement. 6 With the above observations, this Writ petition is disposed of. There sha[[ be no order as to costs Miscellaneous applications, il any, pending in this Writ Petition, shall stand closed //TRUE COPY// SDi.S. MALLIKARJUNA RAO ISTANT REGISTRAR A SECTION OFFICER

1. The Principal Secreta ry, Consumer affairs, Secretariat Buildings, H yderabad, State of Telanga na ood and Civil Supplies .-Cr,til.-- The Joint Collector (Civil Supplies), Nagarkurnool District, Nagarkurnool The Deputy Talasildar, Enforcement, Office of the District supplies Officer, Nagarkurnool, Nagarkurnool District The District lvlanager, Telangana State Civil Supplies Corporation Ltd (TSCSCL), Nagarkurnool District, Nagarkurnool. One CC to SRI K.RATHANGA PANI REDDY, Advocate IOPUC] One CC to SRI K,DEVENDER, SC FOR TGSCSCL [OPUC] Two CCs to GP FOR OIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies \ 2 3 4 5 6 7 8 BSR GJP 5 HIGH COURT DATED:1710712025 \ s 2 ( JI]L ?16 o C) )- * ORDER WP.No.20320 of 2025 J I t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ic, ffi,s