Sai Prem Rice Mill v. The State Of Telangana
\ l32s2l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 36199 OF 2024 Between:
Sai Prem Rice Mill, Represented by its [Vlanaging Partner, Chandra Shekar S/o. Pullaiah, Age 53 Years, Kanagarthi Village, Ellanthakunta Mandal, Karimnagar District'
...pETrroNER AND
1. The State of Telangana, Represented by its Principal" Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Hyderabad.
2. The Collector (CS), Karimnagar District, Karimnagar.
3. The District Civil Supplies Officer, Karimnagar District, Karimnagar. ...RESPONDENTS 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 not passing any orders considering the representation submitted by the petitioner dated 01- 11- 2024, for granting time for supply of the CMR Dues to be supplied by the petitioner rice mill under Custom Milling Rice Scheme, is nothing but discriminatory, arbitrary, illegal, null and void and violative of principles of natural- justice and also violative of Articles 14, 19 and 2't of the Constitution of lndia. Consequently direct the respondent authorities to consider the representation submitted by the petitioner dated 0'l- 11- 2024, for granting time to supply the milled rice to be supplied by the petitioner rice mill under Custom Milling Rice Scheme
IANO:1 OF 2024 Petition under Section 151 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 consider the representation submitted by the petitioner dated 01-11-2024, for granting time to supply the milled rice to be supplied by the petitioner rice mill under Custom Milling Rice Scheme Counsel for the Petitioner: SRl. K.'VENUMADHAV Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.3619I OF 2024 ORDER:
Heard Sri K. Venumadhav, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 3.
2. The petitioner approached the Court seeking prayer as under:
"...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 passing any orders considering the representation submitted by the petitioner dated 01-11-2A24 for granting time for supply of the CMR dues to be supplied by the petitioner rice mill under Custom Milling Rice i Scheme, is nothing but discriminatory, arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles t4, 19 and 21 of the Constitution of India. Consequently direct the respondent authorities to consider the representation submitted by the petitioner dated i OL-LL-2024 for granting time to supply the milled rice to be supplied by the petitioner rice mill under I
SN, J wP 36t99 2024 Custom Miliing Rice Scheme and to pass such other order or orders as this Honble Court may deem Fit and proper in the interest of justice,,.
3.
The case of the petitioner in brief is that the petitioner filed representation to the respondent authorities on 01.11.2024 for granting time For supply of the CMR dues to be supplied by the petitioner rice mill under custom Milling Rice Scheme, but the respondent authorities did not pass any orders considering the representation of the petitioner dated 07 .71.2024.. Hence the petitioner approached the Court by filing the present writ petition.
4. It is the specific case of the petitioner that notice dated 29.10.2024 was issued to the petitioner by the 2nd respondent which was served on the petitioner on 31.10.2024 calling upon the petitioner to complete the CMR delivery immediately. In response to the said notice dated 29.L0.2024 issued to the petitioner, the petitioner submitted a detailed explanation dated 01.11.2024 to the District Collector (CS), Karimnagar District, explaining that the notice dated 29.LO.2024 was issued unilaterally by the 2nd respondent without affording an opportunity of hearing to the petitioner. '
J SN, J wP 36t99 2024 The petitioner further explained the specific reasons and the circumstances which led to delay in delivery of Custom Milling Rice in the said explanation dated 01.11.2024, and requested to grant some more time by providing four installments to deliver the Custom Milling Rice and drop further action against the petitioner. It is further the case of the petitioner that in spite of the receipt of the explanation dated 01.11.2024 by the respondent No.2, no orders have been passed by the 2nd respondent as on date.
5. The learned counsel appearing on behalf of the petitioner further placed reliance on Memo No.1473lCS.1.CRP/2024, dated l9.ll.2024 wherein the Government agreed to the proposal for further extension of time limit by another (60) days for receipt of CMR dues from the default rice mills.
PERUSED ERECORD 6.
The Memo No.1473 /CS.1.CRP/2 24, dated 18.11.2O24 issued bv 1't resoondent is extracted hereu nder lr
wP_36ree iu;
"ln continuation to the orders issued in the reference 1't cited and as per the request of Commissioner of civil Supplies, Hyderabad, in the reference 3'd cited, Government hereby agreed to the proposal for further extension of time limit another (6O) days for receipt of CMR dues from the default rice mills of Rabi 2OL9-2O, Rabi 2O2O-2A, Kharif 2O2l-22, Rabi 2021-22 and Kharit 2022-23 from the date of issue of the orders".
7. The learned counsel appearing on behalf of the petitioner submits that the writ petition could be disposed of by directing the respondent No.2 to consider the explanation of the petitioner dated 0L.11.2024 submitted by the petitioner in response to the notice dated 29.10.2024 issued by Government, in accordance to law, in the light of Memo No.1473lCS.I.CRP/2024 dated 18.11.2024 issued by the 1* respondent.
8.
The learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 3 does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
I SN. J \r/P 36t99 2024 9, Takinq into consideration (a) The submission made by the learned counsel il lr appearing on behalf of the petitioner and the learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 3, (b) The contents of the explanation of the 'a petitioner dated O1-11-2024 submitted in response to t the notice dated 29.10.2O24 issued to the petitioner by the 2nd respondent, (c) The contents of the Memo No.L473/ CS.1.CRP/2024, dated t8.tL.2a24 issued by 1't respondent (referred to and extracted above), The writ petition is disposed of directing the respondent No.2 to consider the explanation dated OL.LL.2O24 submitted by the petitioner in response to the notice dated 29.10.2O24 issued to the petitioner by the 2nd respondent in the light of the Memo No.1473lCS.I.CRP/2024 dated 18.11.2O24 issued by the lst respondent (referred to and extracted above) and pass appropriate orders in relation to the subject issue in accordance to law, within a period of one (1)
SN, J wP 36199 2024 week from the date of receipt of a copy of this order and duly communicate the decision to the petitioner. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall,also stand closed. SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR i./ dl ./ SECTION OFFICER \ ,TRUE COPY// To,
1. The Principal Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, T.S., Hyderabad.
2. The Collector (CS), Karimnagar District, Karimnagar.
3. The Disirict Civil Supplies Officer, Karimnagar District, Karimnagar.
4. One CC to SRI. K. VENUMADHAV, Advocate [OPUC]
5. Two CCs to GP FOR CIVIL SUPPLIES,H|gh Court for the State of Telangana at Hyderabad [OUTj
6. Two CD Copies BM ,.- BSv I
I CC TODAY HIGH COURT DATED:2411212024
ORDER
WP.No.36199 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS w