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Nava Bharath Food and Tradology, v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-03-17. Nava Bharath Food and Tradology, v. The State of Telangana. Read the judgment and case details...

Judgment text

132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF TMARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 8106 OF 2026 Between 1 Nava Bharath Food and Tradology, Kotha Cheruvu Villaqe, -orii'pErrl Sircilla, Raianna 'its sircilla District, Represented oi rroprietoi, p;;tjili"7'slo. Chandraiah, Age- 73 years. 2 Nava Bharath Foods,gnd.. prot-eins, Near collector - complex, Ragudu Village Karimnagar sircilla Mandal, _Road, sirciila oirtrLi n"plu. eituo 6v its Authorised Signatory and fi/lanager, Garripeili Praoiiatei-S6. brrlniiaiarr Age- 73 Yearsl 3 Nava Bharath lndustries, padmanagar, Thangallapally Manca. Raianna "proprietor] Sircilla District, Represented by its Ca'iript,ffi" FirOf,rt Chandra Age- 73 Years. "? 'SA. ... PET! TIONERS AND 1. The State of Telangana, represented by its Principal Secretary to the Consumer.

Affairs, Food anb Civil Supp,lies Department, Secretariat Buildings, Hyderabad. 2. The Additional Collector and Ex-Officio Executive Director,, Telangana State civil supplies corporation Ltd. , Ra. ianna sircilla oiitrict, sircilli. 3. The District Manager,, Tqlgn. g_ana state civil supplies corporation Ltd. , Rajanna Sircilla Dlstrict, Sircila. 4. The Collector (CS),, Rajanna Sircilta District, Sircilla. 5. The District Civil Supplies Officer, Rajanna Sircilld District, Sircilla. 6. The commissioner civil Suppries, civil supplies Bhavan, somajiguda, Hyderabad. ...

RESPONDENTS Petition under Article 226 of the Constitution of tndia 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 representations of the petitioners dated 05-01-2026 and 18-02-2026 permitting the petitioners to deliver the balance s;tocks of rice to be delivered i. e. , 1 ACK for the seaso ns 2023-24 and 6 ACKs 1'or the seasons 2024-25 in regarding with the petitioner No. 1 rice mill. There is a due of 4 ACKs for the seasons 202. 3-24 and 1B ACKs for the seasons 2024-25 in regarding with the petitioner No. 2 rice mill. There is a due of 6 ACKs for '-he seasons 2023-24 and B ACKs for the seasons 2024-25 in regarding with the petitioner No.

3 rice mill, by way of FRK sannabiyyam, as granted throur;h N/emo dated 24-11-2025, who are in due from KIMS 2014-1Sto KtuS 2023-24, is nothing but arbitrary, illegal, null and void and violative of principles of rtatural justice and also violative of Articles 14, 1g and 21 of the Constitution oF lndia. Consequently, direct the respondent authorities to consider the explanaticns/representations dated 05-01 -2026 and 18-02-2026, permitting the petitioners' to deliver the balance rice to be delivered by their rice mill as stated above. lA NO: 1 oF 2026 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 pteased to direct the resPondent authorities not to take any coercive steps against the petitioner for the non-delivery of the balance rice to be delivered by their rice mills. Counsel for thr: Petitioner: SRI K.

VENUMADHAV counsel for th* Respondents No 1,4To 6: AGp FoR clvlL suppllEs counsel for the Respondent No. 2 & 3: SRr K. DEVENDER, STANDII. IG COUNSEL FOR TELANGANA STATE CIVIL SUPPLIES CORPORATION Ltd. , The Court made the foltowing: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA DATE: 17. 03. 2O26 Between : Nava Bharath Food and Tradology Kotha cheruvu village, Sircilla, Rajanna Sircilla District rep. by its proprietor, Garripelli Prabhaker and 2 others ... Petitioners AND The State of Telangana rep. by its principal Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Hyderabad and 5 others. ... Respondents ORDER Heard Sri K. Venumadhav, learned counsel appearing on behalf of the petitioners, tearned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos. t, 4 to 6 and Sri K.

Devender, learned Standing Counsel for Telangana State Civil Supplies Corporation Ltd. , appearing on behalf of respondent Nos. 2 and 3. SN,] W. P. No. 8106 of 2026 2. pra)/er as under: one "...

to issue an order or direction more particularly or any other of writ of Mandamus in the nature the respondent action of writ declaring the appropriate the orders' considering in not passing any authorities petitioners dated 05-01-2026 of the representations to deliver permitting the petitioners and LB-02-2026 i'e'' l ACK to delivered stocks of rice be the balance 6 ACKs for the seasons 2023-24 and for the seasons No' 1 rice mill' with the petitioner regarding 2024-25in and seasons 2023-24 4 ACKs for the There is a due of with the in regarding the seasons 2024-25 1B ACKs for ACKs for mill' There is a due of 6 petitioner No' 2 rice the seasons ACKs 2023-24 and B for the seasons mill' with the petitioner No'3 rice 2024-25 in regarding through as granted by way of FRK Sannabiyyam' Memodated24-lt-2o25,whoareinduefromKMS but arbitrary' is nothing KMS 2OL4-15 to 2023-24' illegal,nullandvoidandviolativeofprinciplesof of Articles 14' 19 and justice and also violative natural direct Consequently' of India' Constitution 2l of the to consider the authorities the respondent and dated O5-01-2026 explanations/representations to deliver the permitting the petitioners L8-O2-:2026' mitl as stated by their rice to be delivered balance rice above, and to Pass""" SN,] W.

P. No. 8106 of 2026 3. as under:- The respondent authorities are allotting the paddy to the petitioners rice mill under Custom Milling Rice Scheme and the petitioners are regularly milling the paddy and delivering the rice without any complaint. During Khariff 2023-24 season the petitioners could not deliver the resultant rice and there is a due of 1 ACK for the seasons 2023-24 and 6 ACKs for the seasons 2024-25 in respect of petitioner No. 1 and there is a due of 4 ACKs for the seasons 2023-24 and 18 ACKs for the seasons 2024-25 with regard to petitioner No. 2 and there is a due of 6 ACKs for the seasons 2023-24 and B ACKs for the seasons 2024-25 with regard to petitioner No. 3. The respondent authorities issued a Memo No. 3809/CS. FCCS/2025, dated 24-LL-2025 wherein 90 days time is given for delivering FRK Sannabiyyam. The petitioners submitted representations dated 05. 0L. 2026 and 18. 02. 2026 to the respondents to grant time for delivering the balance rice by way of FRK SN,J W. P.

No. 8106 of 2026 Sanrta Biyyam but the respondents had not taken any steps on the said representations. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition. 4. PERUSED THE RECORD (A) The Memo No. 28O9/CS. I-CCS/2025. dated 1 herrgunder: Menro No. 2809/CS. I-CCS/2025, dated 24. tL. 2025 Sub:- CA, F&CS Department-Permission for delivery of FRK Sannabiyyam/Cost by recovering the pending dues from the Defaulter Rice millers pertaining to KMS 2014-15 to KMS 2023-24 under Statepool Account within a period of (90) days - Excluding rice millers of Rabi 2022-23 Auction paddy - orders - Issued . Ref: 1) G. O. Ms. No. 17, CA, F& CS (CS. I. CCS) Dept. , Dt : 04. 10. 2025. 2) G. O. Ms. No. 15, CA F& CS (CS. I. CCS) Dept. Dt: 19. 06. 2023. 3) G. O. Ms. No. 16, CA, F & CS (CS. I, CCS) Dept. , Dt : 19. 06. 2023. 4) Govt. Memo No. 407lCS. I-CS|2O24, Dt: 07. 03. 2024. 5) G. O. Ms. No. 7, CA, F& CS (CS. I CCS) Dept. Dt I 20. 03. 2025.

6) Representation of President Rice Millers Association, Telangana State, Dt : 2O. O9. 2025 and Dt : 19. 11. 2025. SN,] W. P. No. B106 of 2026 7) Representation of President Raw Rice Millers Welfare Association, Telangana State Dt : 10. 10. 2025. *** In the references 1't to 4th cited, Government have issued orders according permission to the Telangana State Civil Supplies Corporation Ltd. , for recovery of pending CMR dues from the Default Rice Millers of Yasangi (Rabi) 2019-20, 2020-2L and KMS 2O2t-22 upto 30. 04. 2024 in the form of Cash or Kind. 2. In the reference 5th cited, Government have issued orders for distribution of Sannabiyyam Fortified Rice under PDS scheme throughout the State from Ugadi onwards. 3. In the references 6th and 7th cited, the President, Rice Millers Association, Telangana State has requested to accord permission to deliver Sannabiyyam from default Rice Mills in two installments without collecting any penalty (i. e.

by waiving of 25o/o penalty and l2o/o penal interest) from the default rice millers and requested to issue orders to allot fresh paddy for the Kharif Season 2025-26 season. 4. After careful examination of the matter, it is decided to recover the pending CMR dues from the Defaulter Rice Millers of the previous years pertaining to KMS 2014-LS to KMS 2023'24 and in order to expedite the recovery of pending dues and to safeguard and reduce the burden of Telangana State civil Supplies Corporation Ltd. Accordingly, Government hereby order that, the default rice millers from the KMS }OL4'1. S to KMS 2023-24 (excluding Rabi 2022-23 season Auction paddy rice millers) shall be permitted to deliver FRK Sannabiyyam or Cost equivalent to the value of defaulted quantity @ L25o/o including penalty and L2o/o interest, as per the agreement entered by the rice millers with Telagnana State Civil Supplies Corporation Ltd. , from time to time within a period of (9o) days. 5.

On completion of all pending dues as mentioned above, the District Collectors/ Collectors (CS) shall allot fresh paddy as per G. O. Ms. No. 17, CA, F& CS Department dated: 04. 10. 2025. o sN,l W. P. No. 8106 of 2026 6. The Commissioner of Civil supplies and VC & Managing Director, Telangana State Civil Supplies Corporation Ltd. , are directed to issue necessary instructions to accept the Fortified Sannabiyyam or Cash and to update the recovery details in the Online Procurement Mana gement System (OpMS). sdl- Ex. Officio Principal Secretary to Government 5. submissions: ,:i) Through the Memo dated 24. LL. 202s issued by the Government of Telangana, consumer Affairs, Food and Civil Iiupplies (cs. I.

ccs) Department (referred to and extracl:ed above), permission was accorded for delivery of FRK silnnabiyyam/cost for recovery of pending dues from the Detaulter Rice millers pertaining to KMS 20l4-15 to KMS 2023-24 under Statepoor Account within a period of (90) days e><cluding rice millers of Rabi 2022_23. (ii) The petitioners vide their detailed representations dated 18. 02. 2026 and 05. 01 . 2026 addressed to the Joint coilector, Civir supplies Division, SN,J w. P. No. 8106 0f 2026 Rajanna Sircilla and the District Manager, Telangana State Civil supply Corporation, Rajanna Sircilla District, informed the said authorities that there is a due of l ACK for the seasons 2023-24 and 6 ACKs for the seasons 2024-25 with regard to petitioner No. 1, there is a due of 4 ACKS for the seasons 2023-24 and 18 ACKs for the seasons 2024-25 with regard to petitioner No. 2 and there is a due of 6 ACKs for the seasons 2023-24 and B ACKs for the seasons 2024-25 with regard to petitloner No. 3.

The petitioners decided to deliver Sanna Biyyam to the respondent Nos. 2, 3 and 4 herein. The petitioners vide detailed representations dated 05. 01. 2026 and 18. 02. 2026 addressed to the respondent authorities requested to allow the petitioners to deliver the Sanna Biyyam in place of Doddu Biyyam by granting reasonable period. But however, no orders had been passed on the said representations dated 05'01. 2026 and 18. 02. 2026 as on date. Hence petitioners are entitled for consideration of petitioners representations in accordance to Law. Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioners B SN,J W. P. No. 8106 of 2026 cont€lnds that writ petition needs to be allowed as prayed for. 6.

The learned Standing Counsel appearing on behalf of Respondent Corporation and the learned Assistant Goverlment Pleader for Civil Supplies opposed grant of relief to the petitioners herein and contended that the period of 90 days had already been granted, but however, the petitioners did not make any efforts to clear the pending dues and the petitioners approached this Court by filing the present writ petition having failed to deliver the Sanna Biyyanr,/cost pertaining to the pending dues, hence the relief as sought for by the petitioners cannot be granted in the present writ petition. 7. A bare perusal of the Memo dated 24. 11. 2025 issued by E>t-Official principal Secretary to Government, Govern lent of Telangana in particular para No.

4 referred to and exl:racted above, clearly indicates that a decision had been taken to recover the pending CMR dues from the Defaultrlr Rice millers of the previous years pertaining to KMS 2023-24 and to expedite the recovery of pencling dues o SN,] W. P. No. B106 of 2026 and to safeguard and reduce the burden of Telangana State Civil Supplies Corporation Ltd. , Government had ordered that the default rice millers from the KMS 2014-15 to KMS 2023-24 (excluding Rabi 202223 season Auction paddy rice millers) shall be permitted to deliver FRK Sannabiyyam or cost equivalent to the value of defaulted quantity @t25o/o including penalty and l2o/o interest as per the agreement entered by the rice millers with Telangana State Civil supplies Corporation Ltd. , from time to time within a period oF 90 days. 8. This court opines that the petitioners having represented to the respondent authorities vide representations dated 18. 02. 2026 and 05. 0L.

2026 which had even been acknowledged by the office of the respondent No. 2 on 05. 01. 2026 have legitimate expectations tor grant of reasonable time by the respondent authorities and non-initiation of coercive steps against the petitioners herein by the Respondents in view of the fact that the petitioners are not disputing the fact that the First petitioner had to deliver 1 ACK for the seasons 2023-24 and 6 ACKs for the seasons 2024-25 and the Second petitioner SN,J W. P. No. 8106 of 2026 had to deliver 4 ACKs for the seasons 2023_24 and 1B ACKs for tht: seasons 2024-25 and the third petitioner had to deliver 6 ACKs for the seasons 2023-24 and B ACKs for the seasons 2024-25. However, admittedly as borne on record no orders had been passed on the representations of the petltiorrers as on date. Hence, this Court opines petitioners herein are entitled for grant of relief of consideration of petitiorers representations dated 05. 01. 2026 and l8. 02.

2'i26 in accordance to Law within a reasonable period by the respondent Nos. 2, 3 and 4 herein. 9. Ta tnq tnto con idera ton : (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioners learned Assistant Government pleader for Civil Suppties, appearing on behalf of respondent Nos. 1, 4 to 6 and Sri K. Devender, learned Standing Counsel for Telangana State Civil Suppties Corporation Ltd. , appearing on behalf of respondent Nos. 2 and 3, SN,' w. P. No. 8106 of 2026 (c) The Memo No. 2809/CS'I. CCS/2O25, dated 24. LL. 2O25 issued to the petitioners by the Ex-Officio Principal Secretary to Government (referred to and extracted above), (d) The discussion and conclusion as arrived at Para Nos. 5 to 8, The writ petition is disposed of directing the respondent Nos. 2, 3 and 4 to consider the grievance of the petitioners as put forth vide petitioners' representations dated O5. O1. 2026 and L8. O2.

2O26 addressed to the respondent Nos. 2, 3 and 4 herein seeking grant of time to deliver Sanna Biyyam, due to be delivered by the petitaoners herein, within a period of two (2) weeks from the date of receipt of a copy of the order and pass appropriate orders on the said representations of the petitioners dated O5. O1. 2026 and 18. O2. 2026 and duly communicate the decision to the petitioners. Till the above exercise is initiated and concluded by the respondent Nos. 2, 3 and 4 herein and passed appropriate on petitioners' orders SN,] W. P. No. 8106 of 2026 representations dated O5. O1. 2O26 and LA'O2'2O26 and dr. rty communicated to the petitioners within the time ars stipulated as above, the respondent Nos'2, 3 and 4 are directed not to initiate any coercive steps agaan$t the petitioners herein. There shall be no order as to costs. t4iscellaneous petitions, if any, pending in this Writ Petitiorl, shall stand closed. SD/-K.

BHAVANI SWAM' TANT REGTSTRAR //TRUE COPY// ECTION OFFICER To, 1. The A<lditional Collector and Ex-Officio Executive Director" Telangana State ' L1o Sircilla District Sircilla ciirir'sri,iii"Jb*poiiirn , Rajanna Ltd State Civil Supplies Corporation ' 2. The District Manager, Telangana Raiantra Sircilla District, Sircilla' (CS)' Rajanna Sircilla District' Sircilla 3. The C,:llector 4 One CC to SRl. K VENUMADHAV, Advocate [OPUC] Court for the State of 5 Two CCs to GP FOR CIVIL SUPPLIES 'High Telangana At Hyderabad. [OUTI FOR TELANGANA STANDING COUN-SEL 6. One C(l to SRI K. DEVENDER, " :ilil: Crv'il'suppr-ieS coRPoRArloN Ltd ' [oPUC] 7. Two CD CoPies DAN tls HIGH COURT CC TOD DATED:1710312026 ! : I r= li r-2 o -+ o WP. No. 81 I 6 of 2026 (J ,J- l,ll 3 rl Tf, upfi . '{' * * DISPOSING OF THE WRIT PETTTION WITHOUT COSTS 5) a b x b0

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