High Court · 2025

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 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 demanding/levying penalties and interest for crop year Rabi 2022-23, even though the petitioners rice mills have supplied the entire milled riie as per the time given by the respondent authorities, in the guise of the same not allotting the paddy to the petitioners rice mills for the Khariff Marketing season 2024-2s, and for allotting the said stock demanding to furnish bank guarantee has to be furnished in regarding with the case of the defaulters as per G.O. Ms. No. 27, dated 29-10-2024, is nothing but arbitrary, illegal, null and void and violative of the principles of natural justice and also violative of Articles 14, 19 and 21 of the constitution of lndia. consequenfly direct the respondent authorities not to insist the petitioners to furnish bank guarantee as per the said G.o. .and branding the petitioners as defaulters for allotting the cMR paddy for Khariff Marketing season 2024-25 in their favour. lA NO: 1 OF 2024 Petition under Section 15'l 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 respondent authorities to allot the paddy to the petitioners rice mills under custom Milling Rice scheme for Khariff Marketing season 2024-2s without insisting to furnish bank guarantee as provided in serial Number 3 ol G.o. Ms. No. 27, dated 29-10-2024. Counsel for the Petitioners: SRI K.VENUMADHAV Counsel for the Respondent Nos.1,S TO 7: Gp FOR CIVIL SUPPLIES counsel for the Respondent Nos.2 To 4: sRr r.p.AcHARyA, sc FoR Tscscl The Court made the following: ORDER Y THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.37134 of 2024 ORDER: This Writ Petition is filed seeking following relief: '...to issue aI order or direction more particularly one in the nature of urit of mandamus or any other appropriate writ declaring the action of the respondent authorities in demaading/ler,ying penalties and interest for crop year Rabi 2022-23, even though the petitioners rice mills have supplied the entire milled rice as per the time given by the respondent authorities. in the guise of t}le same not allotting the paddy to the petitioners rice mil1s for the Khariff Marketing Season 2024 25, ald for allotting the said stock demanding to furnish bank guarantee has to be furnished in regarding with the case of the defaulters as per G.O.Ms.No.27, dated 29 lO 2024, is nothing but arbitrary, illegal, null and void arld violative of the principles of natural justice and also violative of Arlicles 14, 19 and 21 of the Constitution of India Consequently direct the respondent authorities not to insist the petitioners to furnish bank guarantee as per the said G.O. and bralding the petitioners as defaulters for allotting the CMR paddy for Khariff Marketing Season 2024-25 in their favour, and to pass..."

2. Heard learned counsel for the petitioners ald learned Government Pleader for Civil Supplies appearing on behalf of respondents No.l, 5 to 7 arld Sri T. P. Achar5ra, learned Standing Counsel for Telangana State Civil Supplies Corporation Limited appearing on behalf of respondents No.2 to 4. Perused the material on record. 2 TMDJ wP _17114_2024

3. Learned counsel for petitioners submitted that the subject issue in the present writ petition is sqrrarely cuu..ed by the order of this Court dated 30.12.2024 passed in W.P.No.36257 of 2024 and hence, the present wril petition could be dispost:d of in terms of the aforesaid order.

4. Learned Government Pleader for Civii Supplies appearing on behalf of respondents No.l, 5 to 7 and Sri T. P. Acharya, learned Standing Counsel for Telangana State Civil Supplies Corporation Limited appearing on behalf of respondents No.2 to 4, did not oppose the said submission.

5. Taking into consideration the facts and circumstances of the case an<l the submissions made by both the learned counsel on record and for the reasons a-like in the above referred order passed by this Court in W.P.No.36257 of 2024, dated 30.12.2024, this Writ Petition is disposed of at the admission stag<:, sirnilar lines directing the respondents to _in consider allotment of CMR paddy to the petitioners by accepting l}'h of' tile - bank guarantee as provided for Category-1 rice millers as per G.O.Ms.No.27, dated 29t.1O.2024 t subject to the outcome of the recommendation of the Collector 3 TMDJ wP _37134-2024 dated 26.11.2024 and on the representation of the petitioners dated. 03.12.2024. The petitioners are at liberty to seek appropriate remedies if their request is not considered by the respondents. There shall be no order as to costs' Registry is directed to annex a copy of the order dated

6. 30.12.2024 in W.P.No.36257 of 2024 dong with this order for ready reference. Miscellaneous applications, if any, pending in ttris writ petition, shall stand closed. SD/- K.SREERAMA MqBITI e65rsrlnr REGISTRAR ,g/ SECTION OFFICER //TRUE COPY/' To iffiiffi#:tfrHiffirutr#**ffi;,; uilrlrrt?i",*"#iifiifdd:{i:iffii:a'fl 3"'.T';!,4'o'l1o3o;,.". 6. The District Civil SuPPtrt , if;[t8Lr,ssioner civir suppries, civir Suppries Bhavan, somajiguda, s ?li13.'".'sffx'.%!Y,tlq6; #fffil?t35.H%r the state or ,, . l*: tat;$l'+i:'f3fttJ9l-J "'o t t lXi3""nof',i,fif3opv ot ttre order dated 30'12'2024 in wP'No'36257 of * rs c s c L to P u cl , - --a^ rn Dr l/ Hvderabad. 20241 PSK. PSK g ) CC TODAY HIGH COURT DATED:0210112025 ORDER WP.No.37134 of 2024 E ,1 a( t) 0 2 JAri 2025 * cFg D/+l C -.. , DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 @c'r- I a THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.36257 OF 2024 ORDER In this Writ Petition, the petitioners are seeking allotrnent of CMR paddy to them for the crop year Kharif 2024-25 without inSisting on furnishing of 25% bank guarantee or 25Yo security,deposit by placing the petitioners under category-3 of G.O.Ms.No'27, Consumer Affairs, Food and Civil Supplies (CS.I.CCS) Department, dt.29.10.2024.

2. Leamed counsel for the petitioners submitted that after taking into consideration the difficulties faced by various rice millers in the State, the Govemment itself had exempted the rice mills from milling rice and has taken a decision to lift the paddy from the respective rice millers except for some of the Districts including the District of Komuram Bheem Asifabad District. It is submitted that the petitioners were directed to mill the rice and supply the same and the delay in supplying or delivery of CM rice was due to various reasons, such as the confusion as to whether such rice was to be supptied to FCI or to the State Corporation. It is submitted that the petitioners have subsequently 2 W.P. No.36257 o12024 delivered 100% CI\{R rice as per the directions of the authorities and therefore, he is seeking exemption from penalty of 25o/o and he submits that even the iollector has recommended the same to the Commissioner of Civil Supplies vtde letter dt'26'11;2024 and the petitioners have also submitted a representatio n dt.03 -12'2024 to this effect' He is therefore seeking a direction to the respondents to allot CMR paddy to the petitioners for Khar:if Sea son2024-25without insisting on fumishing of 25% as bank guarantee or security deposit towards the penalty'

3.LeamedGovernmentPleaderforCivilsupplies,otrwritten instructions, submitted that out of 17 rice mills in the District' 9 rice mills have already given undertaking to the District Manager' TGSCSCL,KomuramBheemAsifabadDistrictsubmittingthatl00% rice is already detvered and the penalty ofL5Yo imposed could not be delivered and that through a representation they have reqrtested for exemption of 25Yo perclty and outcome is awaiting' He submits that the petitioners maY also be directed to give similar undertaking and the petitioners would then be considered for allotment of CMR paddy for the current Khatiff 2024-2025 season' I I 3 w.P. No.36257 of 2024

4. Having regard to the rival contentions and the material on record, this Court finds that since the petitioners have already supplied 100% of CMR rice as p6r the agreement and they are claiming exemption frb-m 25o/o penalty on the ground that the delay in delivery of rice is not attributable to the petitioners, but that it was due to the confusion on the destination point of the said rice, whether to be delivered to FCI or to the State Corporation, and therefore, the petitioners made representation on 03.12.2024 and the said representation of the petitioners as well as the recommendation of the District Collector dt.23.ll .2024 are pending with the Head Office and therefore, they should not be directed to give an undertaking or pay 25Yo penalty.

5. In view of the exigency of the situation that allotment of CMR paddy for Khariff season 2024-2025 nearing completion, this Court deems it fit and proper to direct the respondents to consider aliotment of CMR paddy to the petitioners by accepting l0% of the bank guarantee as provided for Category-l rice millers as per G.O.Ms.No.27 dt.Z9.lO.2O24 subject to the outcorne of the recommendation of the Collector dt.26.11.2024 and on the representation of the petitioners dt.03.12.2024. The petitioners are at liberty to seek appropriate remedies if their request is not considered by the respondents. 4 W.P- No.36257 of 2024

6.Withtheabovedirections,theWritPetitionisdisposedof'No order as to costs. 7 Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. JUSTICE T. MADHAVIDE VI Datei 30.12.2024 $!g Issue C.C. bl/ tomorrow B/o Sv'r