High Court · 2025

Judgment

2. J. 4 5 6 7 State of Telangana, Rep.by The Principal secretary Department of Civil Supplies, Hyderabad Food Corporation of lndia, Rep.by General Manager Of Telangana State office. HakaBhavan Hyderabad. Divisional Manager, Food Corporation of lndia, Karimnagar Division, Karimnagar. District. Quality Control Officer, Food Corporation of lndia, Mancherial District. District Civil Supplies Officer, Karimnagar District, DistrictCivilSuppliesofficer,PeddapalliDistrict. Rice Millers Association, Rep.by President, Karimnagar District. Rice Millers-Association, Rep.by President, Peddapalli District. ...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 a Writ more particularly in the nature of Mandamus or order or direction directing the respondents to furnish all the particulars of Food Corporation of lndia and the Department of Civil Supplies of Telangana State apart from he detdils oF the stocks and as required by the bovernnrent agencies in order to repay the debts incurred by the State Government agenc es referred to above ,available as on today, and also as ordained/contemplated b'y the order of lMinistry of, Consumer affairs and Food and Agricultural Deparlment and to declare the action of the respondents as arbitrary and illegal ultrrr vires in the interest of justice and equity lA NO: 1 OF 2023 Petition under Sr:r;tion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may t,e pleased to direct the respondents to cooperate and facilitate the inspection to rle conducted by the members of the, consultative committee as ordered by the Consumer affairs and the Ministry of Food and. Agricultural Department as originally contemplated in origina order dated 1Oth October, 2011till the dispor;al the Writ Petition in the interest of justice and equity ,of Counsel for the Petitiorrer: SRl. CHATLA MADHU Counsel for the Respondent Nos. 1,5&6: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.2,3&4: SRI DOMINIC FERNANDES SC FOR FCI Counsel for the Respondent No.7: SRI K. LAKSHMI NARASIMHA RAO Counsel for the Respondent No.8:-- The Court made the following: ORDER THE HONOT]RABLE SMT. JUSTICE T. MADHAVIDEVI WRIT PETITTON NO. 30943 0B 2023 ORDER In this Writ Petition, the petitioners are seeking a direction to the respondentstofumishalltheparticularsofFoodCorporationoflndia and the Department of Civil Supplies of Telangana State apart from the details of the stocks as required by the Government agencies to.repay the debts incurred by the State Govemment agencies and also as contemplatedbytheMinistryofConsumerAffairsandFoodand Agricultural Department and to pass such other order or orders'

2.BrieffactsleadingtothefilingofthepresentWritPetitionare that the petitioners claim to have been appointed as Members of the consultative committee of the Food corporation of India for the State of Telangana by order dt.11.10'2011 of the Ministry of Consumer AffairsandFoodandPublicDistribution,Govemmentoflndiaalong withTothers.ItisstatedthatthefunctionsoftheConsultative Committee are as under: 2 W.P.N c,30943 of2023 (a) Procurement and distribution of food grains; (b) Quality of food grains; (c) Storage of food grains; (d) Transit and storage losses; (e) Interface o'the FCI with State Govemment on functioring of the Targeted Prrblic Distribution System (TPDS) including allocation, offtake and ;rctual distribution of food grains for Antyodaya, BpL and APl, families and for various welfare schemes being, operated by the Central or State Government; (t) Sale and disposal ofstocks; (g) A"y other matter referred to it by the Ministry of Consumer Affairs, Forxl & public Distribution or the Food Corporation of India lor its consideration. It is alleged that though the petitioners have been appointed as Members of the consultative committee, the state Government and the Food Corporation of India are not cooperating with the Members in Jischarge of their functions a:rd hence this Writ petition has been filed.

3. The 7th respondent, i.e., Rice Milrers Association, Ka rimnagar District has filed a t:ounter affidavit stating that there is no rc Ie of the rice millers in d scharge of their functions of the cor sultative 3 W-P.No.i0943 of 2023 Committee and therefore, they ought not to have been made as parties to the Writ Petition.

4. The 6,h respondent has hled a counter affidavit stating that the Govemment is strictly following the procurement policy and allotment of paddy for custom milling as per the Telangana Rice (Custom Milling) Order, 201 5 and there was no cause for filing of the Writ Petition'

5. The 2nd respondent, i.e., the Food Corporation of India also has filed a counter affidavit stating that in the State of Telangana' which is a decentralized procurement State, the responsibility for arrangement to store paddy properly without causing any damage lies on the Telangana State Civil Supplies Corporation and the millers only and that the Food Corporation of India is ready to fumish the available information to SLCC Members in accordance with the rules and regulations of the Corporation and they promise to extend full cooperation for the Members of the Committee

6. Having regard to the rival contentions and the material on record' this Court finds that the petitioners are the Members of the Consultative Committee formed for a period of two years or until further orders I I \ U .1, \ ).i094.1 of202i r 4 whichever is earlier by order dt.04.07.2023. The fi-rncri,rns of the consultative conrmittee of the Food corporation of India are mentioned in the order dt i0. 10.2011 by Govemment of India, Nlinistry of Consumer Affairs, Food and Public Distribution, Deparlmert of Food and Public Distribution. Therefore, the Govemment of Telrrngana and the Food corpo'.tion of India are required to cooperat( with the Consultative conunittee in discharge of their functions. As it is stated that the respondents are following the Guidelines and are c coperating with the Members of the committee, this court does not find rny reason to issue any direcrion other than to direct the respondents to follow the Guidelines strict v and scrupulously by fumishing all required information to the Members of the Consultative Committee.

7. The Writ Petition is accordingly disposed of. No order a j to costs.

8. Pending misc:ellaneous petitions, if any, in this writ petition shall stand closed. .;- I I //TRUE COPYII ASS STU-V.KAVITHA ISTRAR ISTANT REG I \- \" SECTION O FFICER To, $ T S.,Hyderabad 'etary Department of Civil Suppli ager Of Telangana State office ,Food Corporat on of lndia,. erabad. rrager, Food Corporation of lndia, Karimnagar Jivision, l:. ol Officer, Food Corporation of lndia, ll/ancheri;rl District. iupplies Officer, Karimnagar District, iupplies Officer, Peddapalli District. 1 . The Principal sec 2. The Genera[ Man HakaBhavari Hyd 3. The Divisionbl Ma Karimnagar Distri, 4. The QLality Contr 5. The District Civil S 6. The District Civil S 7. The President, R ce Millers Association, Karimnagar District. B. The Presidept, Rir;e [Villers Association, Peddapalli District 9. One CC to SRl. OHATLA MADHU, Advocate [OPUCI '10.Two CCs to GP F OR CIVIL SUPPLIES ,High Court for the State of 11. One CC to SRl. t,:. LAKSHMI NARASIMHA RAO, Advocate tOP JCI 12.One CC to SRl. trtl141*'" FERNANDES, SC FOR FCI IOPUC] 13.Two CD Copies Telangana at Hyderabad [OUT] B ,1 I HIGH COURT DATED:2510212A25 ORDER WP.No.30943 of 2023 !::, i, a 7 a- + i.i .,t T { L DISPOSING OF T'HE WRIT PETITION WITHOUT COSTS @l{ q ; ryF,"