High Court · 2025

M/s. Sri Nirvana Rice Mill, Represented by its Proprietor, K. Hanma.nth. Reddy 5lo. Yeiti Reddy, Age.' 49' Years, Si. No. 176lAA, Thirupally Village' Lakshmana Chanda Mandal, Nirmal District. ...PETITIONER ANO 1 2 3 4 5 6 The State of Telangana, Represented by its P-rincipal S9greJqry to the Civil Supplies and Cons-umei Affairs Department, Secretariat Buildings' Hyderabad. The District Collector (CS), Nirmal District' Nirmal. The Telanoana State Civil Supolies Corporation, Represented by its Vice Chairman And Managing Direcior, Civil Supplies Bhavan, Somajiguda, Hyderabad. The District Manager, Telangana state civil Supplies Nirmal District, Nirmal. The District civil supplies officer, Telangana state civil Supplies corporation, Nirmal District, Nirmal. M/s. Kendriva Bhandar Represented by its Regional Having its offtce 9t Room Nos.21 and 22, First Floor, Municipal Complex, Putli Bowli, Kothi' HYderabad' ...RESP.NDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent authorities in not iaking any steps for lifting the paddy available with the petitioner rice mill allofted during 2022-23 Rabi Marketing season, considering the representations dates 12t11t2124 and 2411212c'24 by paying the monthly rent amount of the godowns a sum of Rs. 40,000/- and other allied charges i.e., 1). Handling Charges (Hamali), 2). Moisture Shortage (ftom 12 perce$ !9 now '10 percentf 31. G6Oowh Rent, 4). Fumigation and 5)- Service Charges (SWC Norms)' is nottring 6ut arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 2'l of the Constit.rtion of lndia. Consequently direr:t the respondent authorities to consider the representations of the petitioner dated 1211112024 and 2411212024 for taking appropriate steps for lifting of the paddy available with the petitioner rice mill by paying thr: monthly rent amount of the goclowns a sum of Rs. 40,000/- and other allied charges i.e., 1). Handling Charges (Hamali), 2). Moisture Shortage (from 12 perce,nt to now 10 percent), 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms) by deducting the said charges, in the alternate permit the petitioner to pay the value of the stock of paddy as per tender rate by deducting the cuantity of the depreciation as well as by deducting the said charges (SWC Norms) lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstarrces stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent aulhorities to consider the representations of the pertitioner dated 1211112024 and 2t111212024 for taking appropriate steps for lifting of the paddy available with the petitioner rice mill by paying the monthly rent amount of the godowns a sum of Rs. 40,000/- and other allied charges i.e.. 'l). HanrJling Charges (Hamali), 2). Moisture Shortage (from 12 percent to now 10 percentr, 3). Godown Rent, 4). Fumigation and 5). Service Charges (SWC Norms), by deducting the said charges, in the alternate permit the petitioner to pay the value c,f the stock of paddy as per tender rate by deducting the quantity of the depreciation as well as by deducting the said charges (SWC Norms) Counsel for the Petitioner: SRl. K VENUMADHAV Counsel for the Respondent Nos.1&2: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3 to 5: SRI T.P ACHARYA SC FOR TELANGANA STA]'E CIVIL SUPPLIES CORPORATTON LIMITED Counsel for the Respondent NO.6: -- The Court made the following: ORDER 'r.?*- r - THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.3 6983 of2O24 ORDER: This Writ Petition is filed, rmder Article 226 of the Constitution of India, seeking tJre following relief: ',..to i.ssue an order or direction more partiandg one in tlrc nafitre oJ writ of txtndamus or ang other approprktte uit dedaring the actionoftErespond'entauthoritiesintattokitqanystepsforlifiing the PaddV auailable trith the Petitioner ice mill oilolted duing 2O22- 23 Rabi Morkding Seoso4 onsidering rePresentati)ns dnted 12-11' 2024 and 24-12-2024 bV paVing tle nnnthlA rent amount of the godnuns a sum of Rs'4O,\OO/- and other allied charges Le'' 1) Handlirq Clnrges (HMUali), 2) Moisnre SlDrtage (from 120/6 to nolu 1O%) 3) Godoun Renl 4) Fumigation and 5) Seruice Charges (SWC lvorrns.l, ib nothing but arbitrary, illegsl, null and uoid and violatiue of principles of rufiural justie and also violative of Articles 14' 19 and 21 of the Con-stitutioa of India- ConseErcntlg dircct the reswndent authorities to consider tle represer$attons dated t2-11-2O24 and 24-12-2024 for takitg apPro{'iate stePs for ttltirtS of tle paddg auaiklbleLuithtlepfrionerriemillbgpavingtlemonthlgrent rrlrlount of th.e godotuts a sum ol Rs'4O'OO1/ - and otler allied clarges Le., 1) Handlitrg Ct'drges (Hamati) 2) Moisture Sltr:rtage (from 12% to nou 1O%) 3) Godoutn Renl 4) Fumigation and 5) *rube Charg* (SWC Nomri) bA deductitrg tlrc said clwrges' in the alteflLatepermitthepetitionertopogtletlalueofthestockofpaddy o.s per tender rote bg dedllctirlg tle quontity of the d'epreciation os well as bg deduding tle said cl&rges (SWC Nonlls/ and to poss" '' With the consent of both the parties' this Writ Petition

2. is disposed of at the admission stage itself' \ I I 2 rMOJ wP 36983 2024 -1) 3 Government pleader Heard learned counsel for the petitioner. learned for Civil Supplies appearing for respondent Nos.l & 2 and Sri T. p. Acharya, learned Standing Counsel for Telargana State Civil Supplies Corporation Limited appearing for respondents No.3 to 5. perused the mzrterial on record. 4 The main grievarrce of t}re petitioner is 1.hat the respondents are not lifting the CMR paddy pertaining to Crop Year Rabi t!.O22-23, from the possession of ttre petitioner,s rice mill and the same was kept in auction for Global E_tender for third parties.

5. Learned Government pleader for Civil Supplies, on oral instructions, submitted that the respondents are ready to lift the paddy lydng in the petitioner,s rice mill and seeks srfficient time.

6. In view of the submissions made by learned counsel on either side, this Writ petition is disposed of directieg the respondents to lift the CMR paddy lying on the petitioner,s rice mill pertaining to Crop year Rabi 2022_23, within a period of 3 TMOJ wP_369E3-2024 four (04) weeks from today or on or before 2O.O1.2O25, whichever is earlier. Further, the respondents are also directed to consider the representations of the petitioner dated

12.11.2024 arld 24.12.2O24 in t}re light of the circular dated

19.09.2023 issued by the Commissioner, Civil Supplies. There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY/' SD/.P. PADMANABHA BEgPI 'a6slsmur REGISIRAR I aEcTtoN Krr"r* I o, \

1. The Principal Secretary to the Civil Supplies and Consumer Affairs ' #;;#;;[ S-ecretari6t Buildinss' Hvderabad' 2. The District Collector (CS)' Nirmal District' Nirmal' 'U"#i::,3Xt[ii3$?1,Xi5f, :ff":Jsfi':r',rJsf i$Jestatecivirsuppries 4. The District Manager, Telangana State Civil Supplies Nirmal District' Nirmal' 5. The District Civil Supplies Officer' Telangana State Civil Supplies Corporation' Nirmal District, Nirmat'

6. One CC to SRI' KVENUMADHAV Advocate [OPUC] '3083fi JBBBJJ.^f +ffiIl't"E8T"l='f, S.TwoCCstoGPFoRclvlLSUPPL|ES,HighCourtfortheStateof GANAsrArEcrvrL Telangana. [OUTI

9. Two CD CoPies KKS B a I t CCTODAY HIGH COI.'RT DATED:0610112025 i O ( * 1::- 1Ue sra r4r ((\( z a O 7 JAli Z!25 * r-.'rr. -r..1 , ' {:---.:;:.--- ORDER WP.No.36983 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q: V