AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri K. Vishnu Kanth, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of Respondent Nos.1, 2, 4 and 8, learned Assistant Government Pleader for Revenue, appearing on behalf of Respondent No.3, Sri K. Devendar, learned Standing Counsel, appearing on behalf of Respondent No.5 and learned Assistant Government Pleader for Home, appearing on behalf of Respondent Nos.6 and 7.
The petitioner approached this Court seeking the prayer as under:
"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seeking to shift, lift, remove, transport or otherwise disturb the paddy stock lying in the petitioner's mill premises on the basis of the alleged stock variation noticed during the inspection dated 30.07.2026, before expiry of the prescribed period for milling and delivery of the said paddy, without proper physical verification and season-wise reconciliation of the alleged variation and without considering the petitioner's representation dated 06.08.2026, as illegal, arbitrary and premature and consequently violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India, and consequently direct the respondents to consider and dispose of the petitioner's representation dated 06.08.2026, conduct proper physical verification and season-wise reconciliation of the alleged stock variation with the relevant paddy/CMR and departmental records, permit the petitioner to complete the milling and CMR delivery within the prescribed period and, pending such process, not to shift, lift, remove, transport or otherwise disturb the paddy stock lying in the petitioner's mill premises, and pass such other order..."
The petitioner, a duly established rice-milling unit, undertook Custom Milling operations under the KMS 2025-26 arrangements, including the Rabi 2025-26 season, and received Government paddy for milling and delivery of CMR. On 30.07.2026, the respondent authorities conducted an inspection and alleged variation between departmental records and the physical stock available at the petitioner’s mill, treating the same as a shortage. The alleged variation requires season-wise reconciliation with reference to paddy entrusted, paddy received, quantity milled, CMR delivered and acknowledged, and the balance quantity. The prescribed period for milling and CMR delivery had not expired, particularly concerning Rabi 2025-26. Accordingly, the petitioner submitted a representation dated 06.08.2026 requesting preservation of the stock and proper verification. Apprehending removal of the stock, the petitioner approached this Hon’ble Court by filing the present writ petition seeking protection against shifting or removal pending verification, reconciliation and consideration of the representation.
PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner submits that the subject issue in the present writ petition is squarely covered by the order of this Court dated 06.04.2026 passed in W.P.No.10017 of 2026 and hence the petitioner herein is also entitled for the same relief as extended to the petitioner in W.P.No.10017 of 2026
Learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondents submits that in so far as the extent of paddy available i.e., 1587.040 MTs pertaining to Karif 2025-26 and 1106.240 MTS, pertaining to Rabi 2025-26, the respondents may be directed to allow the petitioner to mill the available CMR paddy under the supervision of the concerned authority and with regard to alleged misappropriated paddy, the petitioner shall undertake and ensure that the entire shortfall worth of Rs.4,61,29,753/- is paid to the respondent authorities, and further in view of the representation of the learned counsel appearing on behalf of the petitioner that the petitioner undertakes to deliver the total paddy, appropriate orders may be passed in the interest of justice.
Taking into consideration:
The aforesaid facts and circumstances of the case,
The submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents,
The order of this Court dated 06.04.2026 passed in W.P.No.10017 of 2026,
The discussion and conclusion as arrived at paragraph Nos.4 to 6 of the present order,
The writ petition is disposed of directing the respondents herein to consider the grievance of the petitioner as put forth in the petitioner's representation dated 06.08.2026 pertaining to the request of the petitioner to mill the 2025-2026 Kharif/Rabi Paddy, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner, within a period of one (01) week from the date of receipt of copy of the order and duly communicate the decision on petitioner's representation dated 06.08.2026 to the petitioner herein.
Till the aforesaid exercise is initiated and concluded as per the specific directions as issued as above, within the time period as stipulated as above, and appropriate orders passed on petitioner's representation dated 06.08.2026, the respondents are directed not to proceed with the specific directions issued in the proceedings dated 11.08.2026 of the Collector (CS), Hanumakonda, vide proceedings No.CS2/45/2026 (Rabi 2025-26). However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.