M/S. Thirumala Traders v. State Of Telangana
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132191 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 WRIT PETITION NO: 36949 OF 2024 Between:
1.M/s.ThirumalaTraders,AProprietorshipFirmhavingitsofficeat-1-488' ' iiriutaniilp"i- Roao,- ttirsampet, Wararigal Rural, Telangana - 506132 RepresenteO by its Proprietor Ms. Sugunamma Vutukurl
2. Sugunamma Vutukuri, W/o. S-utta Rao,.Aged about 64 y"*9, 9:9 Brsiness' R/o. H-trto. 6-32, Mandalam, Khanapur, Warangal'.1 elangana - cuo lrz . ...PETITIONERS AND State of Telangana, Rep. by its Principal Secretary, Department of Consumer Aiii-'n, foodJinO Civit'Srpptl.s, Secietariat Buildings, Hvderabad'
2. Telangana State Civil Supplies Corporation Limited' Having,its,Ig9-lt]:l1d office Zt _3-655/1iA, Block-B Civil Supplies Bhavar, Somajiguda, Hyqeraoao500082 Rep. by its Vice Chairman and Managing Director 3.ViceChairpersonandManagingDiro'ctolTelanganaStateCivilSu.pplies -' iorooiatiori Limited -3-055/t/4, 6lock-B Civil Supflies Bhavan, Somajiguda, Hyderabad-500082, Telangana.
4. District Collector, Warangal District.
5. Collector, CS Warangal District.
6. District Civil Supply Officer, Warangal District.
7. District Manager, TSCSCL Warangal District. ...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 appropriate writ, order or direction. more particularly one in the 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 furtherance of Global E- Tender daled 2510112024 on as is where is' basis as being ifiegal, 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 2510112024 on as is where is basis.
Alternatively, n 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., gth Respondent with respect to Petitioners CMR paddy as per. the tender conditions stipulated under Global E- Tender daled 2SlO1t2O24. .
lA NO: 1 OF 2024 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in sr:pport 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 pe(aining to crop year Rabi 2022-2023 in terms of Global ETender dated 2510112024 on as is where is basis, pending disposal of the present Writ Petition.
Counsel for the Petitioner: SRI PASHAM MOHITH Counsel for the Respondent No.1, 4, 5 & 6: Gp FOR CtVtL SUPPLIES Counsel for the Respondent No.2, 3 & 7: SRI T.P.ACHARYA, SC FOR TSCSCL The Gourt made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI II'RIT PETITION No.36949 of2024 ORDER:
Heard learned counsel for the petitioners, Iearned Government Pleader for Civil Supplies and Sri T'P'Acharya' learned Standing Counsel for Telangana State Civil Supplies Corporation Limited for the respondents and Perused the ,l entire material on record.
2.
The main grievance of the petitioners is that the respondents are not lifting the CMR paddy pertaining to Crop Year Rabi 2022-23, from the possession of the petitioner's rice mill and the same was kept in auction for Global E-tender for third parties.
3.
Learned Government Pleader for Civil Supplies on oral instructions submitted that the respondents are ready to lift the paddy lying in the petitioners' rice mill and seeks sufficient time.
4.
In view of the submissions made by learned counsels on either side, the writ petition is disposed of directing the respondents to lift the CMR paddy lying on the petitioner's rice mill pertaining to Crop Year Rabi 2022-23 ' within a
period of twerrty (20) days from today or on rtr before 20.0I.2025, whichever is earlier. There shali be no order as to costs.
5.
Miscellaneous petitions pending, if any, shall stand closed.
/ SD/- N. CHANDRA SEKHAR ASSTSTANT RK;TSTRAR ./ \i ,/ sEcTroN oFrrceR //TRUE COPY// ,"1
1. The Principal Secretary, Department of Consumer Affairs, Foods and Civil Supplies, Secretariat Buildings, Hyderabad, State of Telangana.
2. The Vice Chairman and Managing Director, Telangana State Civil Supplies Corporation Limited, Having its registered office at -3-655/1/A, Block-B .Civil Supplies Bhavan, Somajiguda, Hyderabad-500082.
3. The Vice Chairperson and fVlanaging Director, Telangana State Civil Supplies 9orporation_Limiled -3-655/1/A, Block-B Civit Supplies Bhavan, Somajiguda, Hyderabad-500082, Telangana.
4. The District Colleclor, Warangal District.
5. The Collector, CS Warangal District.
6. The District Civil Supply Officer, Warangal District.
7. The District Manager, TSCSCL Warangal District. B. One CC to SRI PASHAM MOHITH, Advocate IOPUCI
9. One CC to SRI T.P.ACHARYA, SC FOR TSCSCL tOpUCI 10.Two CCs to GP FOR CIVIL SUPPLIES, High Court for the Stare of Telangana at Hyderabad [OUTI 1 1 . Two CD Copies BSR 6..
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I CC TODAY HIGH COURT DATED: 3111212024 =-=, 1t{ r, r*ri'
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ORDER
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WP.No.36949 of 2024 .n..
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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I oe