Telangana High Court
WP/36892/2024 of M/s. Sri Rajeshwar Food Process Vs State of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WR]T PETITI ON NO: 36A92OF 2024 Between: 1 M/s.Sri Rqje^s-hv.v9.r Food Process, A
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WR]T PETITI ON NO: 36A92OF 2024
Between:
1M/s.Sri Rqje^s-hv.v9.r Food Process, A proprietorship Firm having its office at 3_87, 89 and.90, Wanalpad, N.irmal, Telangana - S04 tOS Repiesented by iisProprietor Ms. Bompaliy Saritha87, 89 and.90, Wanalpad, N.irmal, Telangana - S04 tOS Repiesented by iisProprietor Ms. Bompaliy Saritha 2Bompally _Sgrillq, Wo. lompally Srinivas, Aged about 44 years Occ.Business, Fi/o. H-No. 3-84, Pendap-ally, Nirmai, Te"langana - S04 109. ...PETITIONERSBusiness, Fi/o. H-No. 3-84, Pendap-ally, Nirmai, Te"langana - S04 109. ...PETITIONERS
AND
1State of Telangana.R9p_ by its Principal Secretary, Department of ConsumerAffairs, Foods and Civil Supplies, Secretariat Build'ings, Hyderabad.Affairs, Foods and Civil Supplies, Secretariat Build'ings, Hyderabad.
2. Telang^ana..State civil Qupplie.s corporation Limited, Having its mistered office1t^ _--3.Q5.51 [1 ][I ][A, ][Block-B ][Civil ][Suppties- ][Bhavan,'somajiguda, ]HyOeraUad_500082 Rep. by its Vice Chairman and Managing birector- [-]1t^ _--3.Q5.51 [1 ][I ][A, ][Block-B ][Civil ][Suppties- ][Bhavan,'somajiguda, ]HyOeraUad_500082 Rep. by its Vice Chairman and Managing birector- [-]
3. Vice chairperson and Managing Director, Tetanoana state civil suooliesCorporation limited -3-655/1/A, Etock-B, Civit Sup[ties Bhavan, Somi]ibirOi,Hyderabad-500082, TelanganaCorporation limited -3-655/1/A, Etock-B, Civit Sup[ties Bhavan, Somi]ibirOi,Hyderabad-500082, Telangana
4. District Collector, Nirmal District
5. Collector, CS Nirmal Dislrict
6. District Civil Supply Officer, Nirmal District
7. District Manager, TSCSCL Nirmal District
8. M/s .Kendriya Bhandar, _Havlng its registered office at First Floor,21,22,Municipal Complex, Putli Bowli, Koti, Hyd-erabad, Telangana - 500095Municipal Complex, Putli Bowli, Koti, Hyd-erabad, Telangana - 500095
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate writ, order or direction more particularly one inthe nature of writ of Mandamusthe nature of writ of Mandamus declaring the actions of the Respondents [in ][not lifting ][paddy ][allocated]to the Petitioners for Crop Year [Rabi ][2022-23 in ][fu(herance ][of Global]E- Tender daled 25.01.2024 on as is [where ][is' ][basis as being ][illegal,]arbitrary, unjust, apart from .being [unconstitutional ][and ][contrary ][to]doctrine of legitimate expectation [and ][forthwith direct the ][Respondents]to lift the Rabi 2022-23 season [paddy ][from ][the ][Petitioner rice ][mill ][in]furtherance of Global E-Tender dated [25.01 ][.2024 ][on ]['as ][is ][where ][is]basis.
Alternatively, in the event of non-grant [of ][prayer ][(i) this ][Hon'ble Court]maybe [pleased ]to direct the Respondents [to ][grant ][the ][Petitioners the]first right to [payment ]to the Respondents [the ][equivalent ][tender ][amount]as quoted by the Successful Auction [Purchaser i.e.,Bth ][Respondent]with respect to Petitioner's CIvIR [paddy ]as [per ][the ][tender ][conditions]stipulated under Global E- Tender daled 25.01 [.2024.]
tA NO: 1 OF 2024
Petition under Section 151 CPC [praying ]that [in ][the ][circumstances ][stated]in the affidavit filed n support of the [petition, ]the High [Court ][may ][be ][pleased ][to]direct the Respondents to forthwith commence [the ][lifting ][of ][paddy lying ][at ][the]Petitioner Rice Mill [pertaining ]to Crop Year Rabi [2022-2023 ][in ][terms ][of ][Global ][E-]Tender dated 25.01 .2024 on ['as ]is where is' basis, [pending ][disposal ][of ][the]present Writ Petition.
Counsel for the Petitioners: SRI PASHAM MOHITH
Counsel for the Respondent No.1, 4 & 5: GP FOR CIVIL [SUPPLIES]
Counsel for the Respondent No.2, 3, 6 & 7: SRI T.P.ACHARYA,
SC FOR TSCSCL
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MADHAVT DEVItrIRIT PETITION No.3 6a92 of2o24
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ORDER:
Heard learned counsel for the petitioners, learned Government Pleader for Civil Supplies and Sri T.p.Achar5ra,learned Standing Counsel for Telangana State Civil SuppliesCorporation Limited for the respondents and perused theentire material on record.
2. The main grievance of the petitioners is that themain grievance of the petitioners is that thegrievance of the petitioners is that theof the petitioners is that thepetitioners is that theis that thetherespondents are not lifting the CMR paddy pertaining to CropYear Rabi 2022-23, from the possession of the petitioner's ricemill and the same was kept in auction for Global E-tender forthird parties.
The main grievance of the petitioners is that themain grievance of the petitioners is that thegrievance of the petitioners is that theof the petitioners is that thepetitioners is that theis that thethe
3. Learned Government Pleader for Civil Supplies on oralinstructions submitted that the respondents are ready to liftthe paddy lying in the petitioners' rice mill and seekssufficient time.
4. In view of the submissions made by learned counsels oneither side, the writ petition is disposed of directing therespondents to lift the CMR paddy lying on the petitioner'srice mill pertaining to Crop Year Rabi 2022-23, within a period of twenrJ [(20) ][days ][from ][today ][or on or ][before]20.O1.2025, '"vhichever [is ][earlier' ][There ][sha1l ][be ][no ][order ][as to]costs
5. Miscellaneous [petitions pending, ][if ][any' ][shall ][stand]closed.
SD/. V.HARI PMSADASSISTANT RRGI$TRARSEcflONUFICER
//TRUE COPY//
To,
1. The Principal Secretary, Department of Consumer Affairs, Foods and CivilSupplies, Secretariat Buildings, Hyderabad, State of Telangana.Supplies, Secretariat Buildings, Hyderabad, State of Telangana.
2. The Vice Chairman and Managing Director, Telangana State Civil SuppliesCorporation Limited, Having its registered office at -3-655/1/A, Block-B CivilSupplies Bhavan, Somajiguda, Hyderabad-500082.Corporation Limited, Having its registered office at -3-655/1/A, Block-B CivilSupplies Bhavan, Somajiguda, Hyderabad-500082.
3. The Vice Chairperson and Managing Director, Telangana State Civil SuppliesCorporation Limited -3-655i1lA, BIock-B, Civil Supplibs Bhavan, Somajiguda,Hyderabad-500082, TelanganaCorporation Limited -3-655i1lA, BIock-B, Civil Supplibs Bhavan, Somajiguda,Hyderabad-500082, Telangana
4. The District Collector, Nirmal District
5. The Collector, CS Nirmal District
6. The District Civil Supply Officer, Nirmal District
7. The District Manager, TSCSCL Nirmal District
B. One CC to SRI PASHAM MOHITH, Advocate IOPUC]
9. One CC to SRI T.P.ACHARYA, SC FOR TSCSCL [OPUCI[OPUCI
10. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Tetanganaat Hyderabad [OUT]at Hyderabad [OUT]
1 1 . Two CD Copies
BSRq
HIGH COURT
CC TODAY
DATED: 3111212024
,is-iATE oL'r.* l'tirnt\h'l{ [-]-)uJ,j. i,ii' -/'
ORDER
WP.No.36892 of 2024
DISPOSING OF THE WRIT PETITION,WITHOUT COSTS
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