Disposed

F. T. F. Traders v. The State of Telangana

Telangana HC25 Jan 2024WP/1852/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition and Miscellaneous Petition filed by a rice mill owner against State authorities. The petitioner challenged the non-consideration of his representation for payment of paddy costs under the Custom Milling Rice scheme and sought an order preventing coercive action. The court directed the Principal Secretary and Secretary to consider the representation within

What did the court decide?

Direction to Respondents No. 1 and 2 to consider the petitioner's representation dated 06.01.2024 within four weeks

F. T. F. Traders Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2024)

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[³³⁰² ]

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HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENW^{FIFTH DAY OF JANUARY} TWO THOUSAND AND^TWENTYFOUR

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PRESENT

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THE HON'BLE SRI JUSTICE^{K. SARATH}

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WRIT PETITION^{NO: 1852OF 2024}

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Between:

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F- T. F. Traders, Rep. by^{its Owner B. Kishore, Srinagar village, VarniMandal} Nizambad district

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...PETITIONER

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AND

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1 . The State of Telangana,^{Rep. by its Principal Secrelary,.AgricYl'l9t} . - - lrlarketino and Co16oration Depirtment^{Secretariat Buildings,Hyderabad-}

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1. The Secatary. civil^{Supplies Department state of Telangana, secretaflat,} Hvderabad

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iil Ciriasrpplies Corporation,^{State of Telangana Rep'by its Commissioner'} Hvderabad

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ifiebistriJt Collector^{(Civil Supplies} )'^{Nizamab.ad, Nizamabaddistrict} S. tne District Supply^{officer,Nizamabeiddistricl.Nizam.abad}

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S;i Ch;il;;^{p?ikistr, Disirict SupplyofficerNizamabaddistrict, Nizamabad} ;. iii"^{p!;;UransirJJi} tcivit^{supptibst, Varni,Varni Mandal, Nizam.abaddistrict} s. ili; Sdiid nouse^{offiber, varhi poti'ceStation,varni, Varni Mandal,} ' Nizamabad District

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...REspoNrlENTs Petition under Article^{226 of the constitutionof lndiaprayingthat in the}

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circumstances stated in^{the affidavit filed therewith, the High court maybe} pleased to issue an appropriate^{writ or order or direction more particularly one in} the nature of wRlT^{OF MANDAMUSdeclaring the actionof the Respondents in} not considering the^{representationdt. 06- 01- 2024 lor paymentof cost of Paddy} to the Government^{as illegal, arbitrary, contraryto law and consequentlydirect the} respondents to settle^{the account of supply of paddy to the petitioner rice mill}

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lA NO: 1 OF 2024

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Petition under Section^{'15'1CPC praying that in the circumstances statedin}

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lhe affircavit filed^{in support of the petition, the High courtmay be pleased to direct} therespondents4toSnottotakeany.coerciveactionagainstthepetitioner

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pending consideration of the Representation of the^{petitioner dt. 06- 01- 2024} pending disposal of Writ petition

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Counsel for the Petitioner: SRI K. DURGA^PRASAD

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Counsel for Respondent No.^{1: GP FORAGRICULTURE}

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Counsel for Respondent Nos. 2 to 7: GP^{FOR CIVIL SUPPLIES}

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Counsbl for Respondent No. 8: GP FOR^HOME

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No .1.852 of 2024

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ORDER:

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This Writ Petition is filed seeking rhe following relief:

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"...to issue aI appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not considering the representation dt. 06.01.2024 for payment of Cost of Paddy to the Government as illegat, arbitiary, contrary to law and consequently direct the respondents to lettle the lccount of Supply of pacldy to the pedrioner rice mill and pass..." 2 Heard both sides.

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lrarned counsel for the petitioner submits that he is the owner of the F.T. F.Traders situated at Srinagar Village, Varni Mandal, Nizamabad District and doing business on lease of four (04) ton capacity of rice mill. The State Covernment is giving paddy under Custom Milling Rice scheme (for short, "CMR" scheme) in the State and the rice millers have to supply 6T /69 Kgs of rice to the Government. With regard to this scheme, the Government has supplied 19640 euintals for Rabi season 2022-2023 and subsequently, respondent No.5 informed the petitioner mill owner that he will transfer another quantity of 20000 euintals

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''.: i

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ii2zi

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paddy from M/s. Ameer Agro Farms private Limited, Taggeli and supplied only 11038.20 Quintals of paddy through various vehicles. Later, respondent No.5 behind the back of the petitioner transferred 51,000 Quintals^{of Paddyon paper} in his name and took blank letters on his lirm name attested on it fraudulently. With immediate effect, the petitioner submitted a letter on 19.12.2023 to the respondent Nos.4 and 5 and obtained the acknowledgment. The respondent No.5 has not supplied the paddy of 39961.80 Quintals to the petitioner and in his record he is showing 5 1OO0 Quintals^{paddy to} his account.^Learned Counsel for the petitioner further submitted that in view of the threat that a criminal case will be foisted against the petitioner, he submitted a representation, dated O6.OL .2024 to all the authorities concerned to grant permission to pay the cost of paddy supplied actually to him which is still pending and requested to allow the writ petition.

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Learned Standing Counsel for Civil Supplies Corporation submits that the petitioner has to deliver

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::3::

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the CMR rice to the respondent-Corporation before 31.O1.2024 and the petitioner voluntarily closed his rice mill and there is no valid ground and cause of action in this writ petition and requested to dismiss the writ petition.

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After hearing both sides, without going into the merits of the case, the writ petition is disposed of directing the respondent Nos. I aod 2 to consider the representation submitted by the petitioner on 06.01.2024, in accordance with law within four (04) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed

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SD'-N. SRIHARI //TRUE COPY// ASSISTANT REilNAR \

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SECTION OFFICER

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To,

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1 The Principal Secretary, Agriculture, Marketing and Corporation Department, State of Telangana, Secretariat Buildings, Hyderabad.

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2 The Secretary, Civil Supplies Department State of Telangana, Secretariat, Hyderabad

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3 One CC to Sri K Durga Prasad Advocate [OPUC] 4 Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] 5 Two CCs to GP For Home, High Court for the State of Telangana. [OUT] 6 Two CCs to GP For Civil Supplies, High Court for the State of Telangana. tourl

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1. Two CD Copies

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MBC LS

CC TODAY

HIGH COURT

DATED: 2510112024

1 yrE STAI €
e
,J 01 FEB 2024
n
a''r-,r.--\t<br>ORDER

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WP.No.1852 ot 2024

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DISPOSING OF THE WRIT PETITION

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ITHOUT COSTS <sup>'l/.^ >\

F. T. F. Traders v. The State of Telangana

Case brief

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F. T. F. Traders v. The State of Telangana

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