M/S. Sri Rajeshwar Food Process v. State Of Telangana
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[ 321e J 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:
M/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 iis Proprietor Ms. Bompaliy Saritha Bompally _Sgrillq, Wo. lompally Srinivas, Aged about 44 years Occ. Business, Fi/o. H-No. 3-84, Pendap-ally, Nirmai, Te"langana - S04 109 . ...PETITIONERS AND State of Telangana.R9p_ by its Principal Secretary, Department of Consumer Affairs, Foods and Civil Supplies, Secretariat Build'ings, Hyderabad.
2. Telang^ana..State civil Qupplie.s corporation Limited, Having its mistered office 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 suoolies Corporation 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 - 500095 ...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 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 ETender 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 DEVI trIRIT PETITION No.3 6a92 of2o24 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 Supplies Corporation Limited for the respondents and perused the t 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 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 PMSAD ASSISTANT RRGI$TRAR SEcflONUFICER //TRUE COPY// To,
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 Managing Director, Telangana State Civil Supplies Corporation 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 10.Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Tetangana at Hyderabad [OUT] 1 1 . Two CD Copies BSR q
CC TODAY HIGH COURT DATED: 3111212024 ,is-iATE o .* l'tir h'l{ - -) nt\uJ L'r ,j . i, i i'
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ORDER
WP.No.36892 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS .\rrv