M/S. Radhika Rice Industries v. The State Of Telangana And 5 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26156 of 2019 ORDER:

Aggrieved by the action of the respondents in not considering the representation of the petitioner dated 18.11.2019 for not allotting the paddy, this writ petition is filed. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for 1st respondent and Sri A.Jagan, learned Standing Counsel for respondent No.2.

Learned counsel for the petitioner submits that though the petitioner made representation on 18.11.2019 for allotting paddy to the petitioner for custom milling for kharif season 20192020 on par with similar rice mills in the district, the same is not being disposed of.

Learned Assistant Government Pleader produced written instructions stating that the petitioner was issued show-cause notice vide CS1/326/2019, and as many as five charges are framed against the petitioner. He also submits that the Collector & District Magistrate, Suryapet addressed letter to the District Manager, Civil Supplies Corporation Pvt.

Limited dated 31.10.2019 to file criminal case against the petitioner, as such, the petitioner is not entitled for allotment of paddy for custom milling.

Submission of the learned Assistant Government Pleader is disputed by the learned counsel for the petitioner.

In this case, it is to be seen that the application is before the competent authority and it is open for the competent authority to consider the same and pass appropriate orders. If the petitioner is not entitled for allotment of paddy, it is open for the respondents to reject his representation otherwise, they have to allot the paddy, but they cannot keep the application pending. In view of the same, the competent authority is directed to dispose of the representation of the petitioner dated 18.11.2019 in terms of G.O.Ms.No.17, Consumer Affairs, Food and Civil Supplies (CS.I.CCS) Department, dated 27.09.2019. If the petitioner is eligible in terms of the said G.O, it is open for them to supply the paddy for custom milling otherwise, reject the same.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY, J 04-12-2019 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26156 of 2019 Date: 04.12.2019.

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