HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39012 of 2014 Date:24.12.2014 Between:
Manikyamba Modern Rice and Flour Mill, Scotpeta Village, reptd by Its Proprietor-L.Kalyani . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri V.Sudhakar Reddy Counsel for Respondent Nos.1 to 3: AGP for Civil Supplies (AP) Counsel for Respondent No.4: Sri A.Ravinder Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 and 4, in seizing the custom milling paddy and the custom milled rice from the petitioner-rice mill on 23.07.2014, and the final notice No.Mktg.5(1)/CMR/KMS-2013-14, dated 20.10.2014, issued by respondent No.4 as illegal and arbitrary.
I have heard Sri V.Sudhakar Reddy, learned counsel for the petitioner and Sri A.Ravinder Reddy, learned Standing Counsel for AP. State Civil Supplies Corporation (AP unit).
Sri V.Sudhakar Reddy, learned counsel for the petitioner, submitted that the paddy meant for custom milling and the custom milled rice were seized on 23.07.2014 by respondent Nos.3 and 4 and that as per the existing official instructions, no such seizure ought to have taken place. He has submitted that in addition to the paddy and rice relating to custom milling, the petitioner has supplied 270 quintals of mill levy rice to the Food Corporation of India (FCI). He has further submitted that after due credit is given to the seized custom milling paddy and custom milled rice and also the quantity of the mill levy rice supplied by the petitioner to the FCI, the petitioner is not in due of delivery of custom milled rice to the Civil Supplies Corporation and that therefore, it is entitled to fresh allotment of custom milling paddy for the year 2014-15. Learned counsel further submitted that respondent No.3 has seized the B-form register, without which, the petitioner-rice mill cannot be run and that respondent No.3 may be directed to release the B-form register to the petitioner.
Sri A.Ravinder Reddy, learned Standing Counsel for respondent No.4, has fairly admitted that the seized custom milling paddy and the custom milled rice have to be accounted for, besides the quantity of the mill levy rice supplied by the petitioner to the FCI. He has further submitted that after duly accounting for these three items, if the petitioner is found due any quantity to the Civil Supplies Corporation, it shall either deliver the custom milled rice or pay the value thereof, upon which, the Corporation will allot the custom milling paddy to the petitioner for the year 2014-15.
In view of the above-noted submissions of learned counsel for both the parties, the Writ Petition is disposed of in the following terms:
(1) the petitioner shall make an appropriate representation to respondent No.4 within one week from the date of receipt of a copy of this order;
(2) within one week thereafter, respondent No.4 shall reconcile the account relating to the seized custom milling paddy and the custom milled rice from the petitioner-rice mill and also the quantity of mill levy rice supplied by the petitioner to the FCI;
(3) if, after giving credit to these three items, the petitioner is liable to deliver further custom milled rice, it is directed to deliver the same or pay the value thereof, in lieu of delivery of custom milled rice, to the Civil Supplies Corporation;
(4) on the petitioner complying with condition (3) supra, respondent No.4 shall allot the custom milling paddy to the petitioner for the year 2014-15; and
(5) respondent No.3 shall release the B-form register to the petitioner, pending the proceedings under Section 6-A of the Essential Commodities Act, 1955.
As a sequel to disposal of the Writ Petition, W.P.M.P.Nos.48891 and 48892 of 2014 filed by the petitioner for interim relief are disposed of as infructuous.
24th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY