THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39470 of 2014 Between:
Dated 26th December, 2014 Sri Gurunadha Modern Rice Mill And …Petitioner State of A.P., rep.by its Secretary, Food, Civil Supplies & Consumer Affairs Deparment, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioner: Sri V.Sudhakar Reddy Counsel for respondent No.1: AGP for Civil Supplies (AP) Counsel for respondent Nos.2 & 3: Sri A.Ravinder Reddy The Court made the following:
ORDER:
This writ petition is filed by the petitioner, which is a rice mill, with the grievance that respondent No.3 has not been allotting paddy for custom milling for Khariff Marketing Season (KMS) 2014-15.
In the manner the writ petition is proposed to be disposed of, it is not necessary to refer to the facts in detail. It will suffice to note that the only ground on which respondent Nos.2 and 3 have not allotted paddy for custom milling to the petitioner’s rice mill is that a sum of Rs.1,19,187/- is due towards the value of the CMR rice which was not delivered by the lessees of the petitioner during kharif season 2012- 13.
Sri V.Sudhakar Reddy, learned counsel for the petitioner, submitted that in pursuance of letter, dated 27.01.2014, addressed by the Tahsildar, Bhamini to GSN Traders, Singidi to whom the custody of the CMR rice and other commodities along with the proceedings under Section 6-A of the Essential Commodities Act, 1955 was placed, GSN Traders has sent the CMR rice of 211.53 quintals to respondent No.3- Corporation on 07.02.2014.
Sri A.Ravinder Reddy, learned Standing Counsel for respondent No.3-Corporation, has disputed this submission and stated that still a sum of Rs.1,19,187/- is due and payable towards the value of the CMR rice which is now delivered by the lessees of the petitioner’s rice mill.
The learned counsel for the petitioner submitted that his client will pay the said sum of Rs.1,19,187/- to respondent No.3 without prejudice to its right to claim refund of the same.
The learned Standing Counsel has submitted that if the said payment is made, respondent Nos.2 and 3 will consider allotment of custom milling paddy to the petitioner.
In the light of the above submissions of the learned counsel for the parties, the writ petition is disposed of by permitting the petitioner to pay Rs.1,19,187/- (Rupees one lakh nineteen thousand one hundred and eighty seven only) representing the value of the CMR rice which was allegedly not handed over to respondent No.3 by the lessees of the petitioner for Kharif season 2012-13, without prejudice to the right of the petitioner to claim refund of the same. On such payment, respondent Nos.2 and 3 shall consider allotment of custom milling paddy for the KMS 2014-15.
As a sequel to disposal of the writ petition, W.P.M.P.No.49514 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 26th December, 2014
VGB