High Court · 2025
Case Details
Acts & Sections
1. Mis. Gayathri lndustries, Having its . registered office at-Sy'No'446' ' Srirrrrririi-virrase,'-drftaabJd Manoat, P;ddaoalli District, Telansana - 505185 Represented i'v ii.'rr'rI"igi;ig Firthe' Anndmaneni Ranga Rao' 2. Annamaneni Ranga Rao, S/o Rajeshwa.r Rao Aoed about 66 years Occ' Business, nyo. z_zs)-t""rl"vr"#""i, r"nduiupit<a, Peddapalli District, Telangana - 505 185 ...PETITIONERS AND '1 . State of Telangana, Rep by its Principal Secretary' Department of Consumer ' Xiili't,'rbi,J;;;a bilil lj'ppiies, Secietariat Buildlnss' Hvderabad' ' ;i#ii'_!_odsiirn,'Hi"Jr""ei'clrir sijripri""Ehavan, sbmaiisu-da, Hyderabad-
2.TelanqanaStateCivilsuppliesCorporatiolLimited'Having.its.registered sijbii'az'n"p. uv its Vice chairman and Managing Director
3.ViceChairpersonandMangingDirector,Te.lanoanaStateCivilSupplies corooration r_imiteo'l!lodiji'in,''aroii -8,-iivil sup"plies Bhavan, somajiguda' HYderabad-500082, Telangana 4. District Collector, Peddapalli District 5. Additional Collector and EOED, Peddapalli District 6. District Civil Supplies Officer, Peddapalli District 7. District Manager, TGSCSCL, Peddapalli District ...RESPONDENTS 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 appropriate writ, order or direction' more particularly one in thenatureofwritofMandamusdeclaringtheactionsoftheRespondentsin issuing Notice bearing no. Lr' No' P' Admn/30/Defaulters/2016 daled25'11'2024 thereby calling upon the Petitioner to deliver 347 '1O4 Mts of CMR rice to the Respondents towards penarty in spite of the petitioner making comprete deliveries for crop Year Rabi 2019-2020 as being iilegar, arbitrary, unjust, apart from being unconstitutional and contrary to doctrine of legitimate expectation and consequently set aside the same. IANO:1OF2 024 Petition under section i s'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the Notice bearing No. Lr. No.p.Admn/30/Defaurters/2016 dated 25.11.2024 incruding ail consequentiar actions/proceed ings thereto pending disposal of the present Writ petition. tA NO: 2 oF 2024 Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to consider the case of the petitioner for aflotment for crop Year Kharif 2024-2025 without reference to any pena lties/interest ailegedry regarding Crop year Rabi 2019-2020 as enlisted under GO Ms. 27 dated 29.10.2024. Gounsel for the petitioner: SRI pASHAM MOHITH Counsel for the Respondent No.1 & 4 to 6: Gp FOR C|VIL SUPPLIES counsel forthe Respondent No.2,3 & 7: SRr r.p.AcHARyA sc FoR Tscscl The Court made the following: ORDER - ,/r-.) THE HON'BLE SMT. JUSTICET. MADHAVI DEVI trIRIT PTTITI ON No.3 70,66 of20.24 ORDER: This Writ Petition is frled, under Articl e 226 of the Constitution of Ind.ia, seeking the following relief: Notice "...to isslle on approprinte tttit order or direction more partianlarlg one in the rahtre of urit of Mandamus dectaring the actions of the bearing no' Respondents in tssutng zi.tl.zoz+ therebg Lr. No. P.Admn/ 3O/ Defdulters/ 2016 calling upon the Petitioner to deliver 347 1O4 Mts of CMR ice to the Respondents touards Penalt| in spite of tle Petitioner making conplete deliueries for Crop Year Rabi 2Olg-2O2O as being illegal' arbitrary, unjust, apart from being un(rinstitutional and contrdry to doctine of legitimate exPectt@tion Tnd consequentlg set a-side the same and to Pa,ss..." With the consent of both the parties' this writ petition
2. is disposed. of at the admission stage itself' Learned cormsel for the petitioners submitted that in 3. view of the notice dated 25'11'2024' the petitioners are not Iikely to be allotted CMR paddy in the coming season' Learned Standing Counsel appearing for respondent 4. No.2, 3 & 7 submitted that petitioners have failed to supply the CMRricewithinthestipulatedtimeandtherefore'penaltyof l \ I I 2 IM DJ wP 37066 2024 25o/o has been imposed and on earlier occasions i.e., on 78.03.2021 and thereafter on 26.05.2022, notices were issued to the petitioners to supply the CMR rice along with penaJty of 25 Vo, but the petitioners have failed to do so ad due to the said defatrlt, the petitioners cannot be supplied with the CMR paddy for the crrrent season.
5. Leamed counsel for the petitioners submitted that the delay in supply of cMR rice was due to covid- 19 pa,demic and therefore, the limitation period extended from time to time by virtue of the Hon,ble Supreme Court orders dated 16.03.2020 to 17.07.2023 in the case of Suo Motu Writ No.l of 2O2O. He submitted that though the petitioners have rnade representation to the authorities to extend the time in the year 2O2l-22 after receipt of the aforementioned notices, no such copies are availa-b1e with the petitioners and 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 the respondent authorities though belatedly, and it is clairned that the delav is r 1' , .1 "{ 3 TMDJ wP 37056 2024 only due to Covid-l9 pandemic, this Court deems it flt and proper to direct the respondents to consider the representation of tlre petitioners dated 23.L2.2O24 in accordance with law' particularly having regard to the orders, dated L6'O3'2O2O Lo 17.07.2023 of the Hon'ble Supreme Court in the case of Suo Motu WfLt No.l 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 tl-e current years, subject to tlre petitioners frrrnishin g llO% of the bank guarantee as reqtrired r.mder G. O. M s. No. 27 dated 29' 1O'2024' 7 Accordingly, this Writ Petition is disposed of' There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// ^.,13fX"1ffiEtRiR \ SEGTION dTTICER To, 'H;r?:!;83:;'3?L"lfljll,Jo,""J.1ffi S:l"B'"':"&:u3l*1flE;#"o"andcivir 'r,l*g'f*n*$j,"#*'':'d*g**t,*d;*'1'ra'?}?lisYl"?.H'J"ii 6Nr "v I ' IlhlJi?",i"",itfrf,":i3ffilid"E [sPJ:a1?l J:iTt p"Ta f,yii "{"; l,.,x8r[?: \ Hyderabad-500082, Te
4. The District Cotlector, peddapalli District 5. The Additional Collector and EOED, peddapalli District 6. The District Civil Supplies Officer, peddapalli District 7. The District Manager, TGSCSCL, peddapalli District 8. One CC to SRt PASHAM MOHITH, Advocate tOpUCI 9. One CC to SRt T.P.ACHARYA, SC FOR TSCSCL [oeUCl " L*'1r33$"r.oi.[T clvlL suPPLlES, High court ror the state or reransana 1'l . Two CD Copies BSR HIGH COURT DATED: 02101t2025 CC TODAY t I ORDER WP.No.37066 of 2024 lFIE SI i() 0 3 lqtr ?0?5 '.1 \.'. \.?.,,, (i( a ^ { DISPOSING OF THE WRIT PETITION, WITHOUT COSTS p-.-