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Judgment
Heard Sri K. Venumadhav, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of Respondent Nos.1, 2, 4 to 6 and Sri K. Devendar, learned Standing Counsel, appearing on behalf of Respondent No.3.
The petitioner approached this Court seeking the 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 orders passed by the respondent No.2 authority in CS/48/2026, dated 09.06.2026, rejecting the request of the petitioner's representation dated 21.05.2026 permitting the petitioner to mill the paddy and deliver the balance rice to be delivered by the petitioner rice mill by seizing the rice mill of the petitioner, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently, direct the respondent authorities to permit the petitioner to mill the paddy and deliver the balance rice to be delivered by the petitioner rice mill, till such steps are taken by the respondent authorities not to take any coercive steps against the petitioner, and to pass such other order..."
The case of the petitioner, in brief, is that the petitioner is a partner of the petitioner rice mill, established in the year 2000 at Pegadapally Village. The petitioner has been participating in the Custom Milling Rice (CMR) Scheme since the 2013-14 marketing season. Although the respondents have not settled milling and allied charges since 2013, the rice mill has consistently milled and delivered rice without complaint. During the Rabi Marketing Season 2022-23, despite the poor quality of allotted paddy and general instructions to defer milling, the petitioner was directed to mill the damaged stock after segregation, leaving a balance of 55.84 quintals. For the Kharif 2025-26 season, 15,970.40 quintals of paddy were allotted, but heavy rains damaged the mill roof and the stored paddy. After inspection, the authorities advised segregation and milling of usable stock. Following a panchanama dated 24.04.2026, the authorities allegedly locked the rice mill without notice. The petitioner submitted a representation dated 21.05.2026 seeking permission to complete milling, and this Court, in W.P. No.16876 of 2026, by order dated 29.05.2026, directed consideration of the representation of the petitioner dated 21.05.2026. However, the request of the petitioner was rejected vide proceedings dated 09.06.2026, followed by registration of FIR No.131 of 2026 dated 12.06.2026. Aggrieved, the petitioner had filed the present Writ Petition seeking quashing of the rejection order, permission to complete milling and deliver the balance rice, removal of the lock, restraint against shifting the paddy stock, and protection from coercive action.
PERUSED THE RECORD:
The averments in the counter affidavit filed on behalf of the 3rd Respondent, in particular paragraph No.9, in the present W.P.No.18827 of 2026, is extracted hereunder:
'9. It is submitted that the final due date for delivery of CMR of Khariff 2025-26 was expired on 15.06.2026 and the petitioner failed to fulfill the contractual obligations within the stipulated time as fixed by the authorities. If any time extended by the Government, this Respondent has no objection to mill the paddy and delivery of balance CMR under the supervision of authority."
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner mainly put-forth the following submissions:
The petitioner approached this Court on an earlier occasion by filing W.P.No.16876 of 2026 and this Court disposed of the said writ petition vide order dated 29.05.2026 directing the 2nd respondent to consider and dispose of the representation of the petitioner dated 21.05.2026 seeking permission to mill the paddy and deliver the balance rice to be delivered by the petitioner rice mill to the respondent authorities.
In pursuance to the directions of this Court, the impugned proceedings dated 09.06.2026 had been issued by the Collector (CS), Nizamabad vide proceedings No.CS4/48/2026 rejecting the request of the petitioner without assigning any reasons contrary to the spirit of the orders of this Court dated 29.05.2026 passed in W.P.No.16876 of 2026 stating that the request of the miller is rejected as paddy was misappropriated.
Subsequent to the order impugned dated 09.06.2026 of the Collector (SC) Nizamabad, rejecting the request of the petitioner to deliver the entire CMR without shifting of available stocks from the petitioner's rice mill, proceedings dated 14.07.2026 had been issued by the Government of India with a clear stipulation that the Government of Telangana must ensure that the delivery of CMR of Kharif Crop during KMS 2025-26 is completed by 31.10.2026.
Based on the aforesaid submissions, in view of the clear admission in the counter affidavit filed on behalf of the 3rd respondent, in particular paragraph No.9 (referred to and extracted above) and the proceedings dated 14.07.2026 granting extension of time till 31.10.2026 by the Government of India, the learned counsel appearing on behalf of the petitioner contends that the petitioner limits the prayer in the present writ petition to the limited extent of consideration of relief of permitting the petitioner to mill the paddy and deliver the balance rice to be delivered by the petitioner's rice mill by removing the lock of the petitioner's rice mill.
Learned Assistant Government Pleader and learned Standing Counsel appearing on behalf of the respondents do not dispute the admission made in the counter affidavit at Paragraph No.9 (referred to and extracted above) that the request of the petitioner would be considered in the event time is extended by the Government of India and also the fact that the time has been extended vide proceedings dated 14.07.2026 till 31.10.2026 to ensure the delivery of CMR of Kharif Crop during KMS 2025-26 is completed by the Government of Telangana by 31.10.2026 but however contends that the petitioner may be directed to make a fresh representation to the 2nd respondent herein for reconsideration of the request made by the petitioner to mill the paddy and deliver the balance CMR under the supervision of the officials of the respondent authorities.
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 Assistant Government Pleader, appearing on behalf of respondent Nos.1, 2, 4 to 6 and the learned standing counsel appearing on behalf of the 3rd respondent corporation,
The averments made in the counter affidavit filed by the 3rd respondent, in particular at paragraph No.9 (referred to and extracted above),
The proceedings dated 14.07.2026 of Government of India, granting extension of Milling/CMR delivery period of paddy for Telangana during KMS 2025-26 till 31.10.2026,
The discussion and conclusion as arrived at paragraph Nos.5 to 7 of the present order, The Writ Petition is disposed of directing the petitioner to make a detailed representation to the 2nd respondent herein seeking permission to mill the paddy and deliver the balance CMR under the supervision of the respondent authorities, in view of the clear admission at paragraph No.9 of the counter affidavit filed by the 3rd respondent i.e., The District Manager, Telangana State Civil Supplies Corporation, Nizamabad District, in the present writ petition and the proceedings dated 14.07.2026 of the Government of India providing extension of Milling/CMR delivery period of paddy for Telangana during KMS 2025-26 (Kharif crop) till 31.10.2026, within one (01) week from the date of receipt of copy of the order and upon the petitioner making the said representation to the 2nd respondent herein, and on receipt of the said representation within one week thereafter, the 2nd respondent is directed to consider the same, and pass appropriate orders, in accordance to law, duly taking into consideration the averments made at para 9 of the counter affidavit filed on behalf of the 3rd respondent corporation in the present W.P.No.18827 of 2026 (referred to and extracted above), and also the fact as borne on record that the proceedings dated 14.07.2026 had been issued by the Government of India providing extension of Milling/CMR delivery period of paddy for Telangana during KMS 2025-26 (Kharif crop) till 31.10.2026, and duly communicate the decision to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.