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2025 DAILYLAW 50109 (AP)

CHERUKUWADA INDUSTRIES v. THE STATE OF ANDHRA PRADESH

WP/28654/2025 · 2025-10-15

V Sujatha

body2025

Judgment text

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APHC010555792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28654/2025 Between: 1. CHERUKUWADA INDUSTRIES, CONTRACTORS SRI VENKATA NARASIMHA RAJU RICE MILL REP. BY ITS MANAGING PARTNER, SRI CHERUKUWADA SRIRANGANADHA RAJU S/O. CHERUKUWADA NARASIMHA RAJU D. NO. 5-52, R.S NO.929, RECHARLA ROAD, PRATHIPADU VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, STATE OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT. 3. THE JOINT COLLECTOR CIVIL SUPPLIES, WEST GODAVARI DISTRICT. 4. ANDHRA PRADESH CIVIL SUPPLIES CORPORATION, REP. BY ITS MANAGING DIRECTOR, VIJAYAWADA, NTR DISTRICT. 5. UNION OF INDIA, REP. BY ITS SECRETARY, CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION, NEW DELHI, INDIA. ...RESPONDENT(S): 2 VS, J W.P.No.28654 of 2025 Dated: 16.10.2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3 respondent in not registering the petitioners rice mill in Andhra Pradesh Paddy Procurement Portal for the purpose of allotting paddy for custom milling is illegal, arbitrary and violation of Article 14 and 19 (1) (g) of the Constitution of India and to consequently direct the respondents to register petitioners rice mill in Andhra Pradesh Paddy Procurement Portal and allot the paddy for custom milling and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to register the petitioner’s rice mill in Andhra Pradesh Paddy Procurement Portal in pursuance of petitioner’s application dated 03-10-2025 and allot paddy pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES 3 VS, J W.P.No.28654 of 2025 Dated: 16.10.2025 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “..to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not registering the petitioner’s rice mill in Andhra Pradesh Paddy Procurement Portal for the purpose of allotting paddy for custom milling is illegal, arbitrary and violation of Article 14 and 19 (1) (g) of the Constitution of India and to consequently direct the respondents to register petitioner’s rice mill in Andhra Pradesh Paddy Procurement Portal and allot the paddy for custom milling and to pass..” 2. The petitioner is the Managing Partner of M/s. Cherukuwada Industries, which is a Micro Enterprises recognized by the Ministry of Micro, Small and Medium Enterprises. The petitioner had taken the lease of Sri Venkata Narasimha Raju Rice Mill, Racharla Raod, Prathipadu Village, Pentapadu Mandal, West Godavari District and updated it into Modern Rice Mill with advanced machinery and infrastructures. 3. The petitioner’s rice mill was ready for the commencement of its operation from the Month of March 2025, and thus submitted an application on 10.04.2025 to the 3rd respondent, seeking registration in Paddy Procurement Portal. Initially, the 3rd respondent raised an objection that lease period is expiring by 30.09.2025. Immediately, the petitioner submitted another lease 4 VS, J W.P.No.28654 of 2025 Dated: 16.10.2025 deed with an extension up to 18.04.2030. But the 3rd respondent did not consider the same and as such, the petitioner is constrained to file W.P.No.11358 of 2025 before this Court, pending the same for adjudication, the respondents rejected the petitioner’s initial application dated 10.04.2025 vide orders dated 21.05.2025. On 03.10.2025, the petitioner submitted another application to the 3rd respondent, seeking registration by enclosing all the requisite documents. Since no action has been initiated by the respondents, the petitioner filed the present Writ Petition. 4. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies and also learned Standing Counsel representing the respondent No.4 and perused the material available on record. 5. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions, issued by the Collector (CS) West Godavari District, vide proceedings in Roc.No.109/2025-CS, dated 16.10.2025, wherein it is stated that in pursuance of the representation made by the petitioner on 03.10.2025, the same was forwarded to the Office of the District Collector, Civil Supplies, West Godavari District, on 13.10.2025, with a direction to conduct the inspection on the petitioner’s Rice Mill and to submit feasibility report for taking necessary further action in the matter. Accordingly, inspection of the Rice Mill has been done on 15.10.2025 and the feasibility report is awaited from the 5 VS, J W.P.No.28654 of 2025 Dated: 16.10.2025 Inspecting Officer. It is further stated that on receipt of the inspection report, necessary further action will be taken for inclusion of the said Rice Mill in Traders/Millers list and thereafter paddy will be allotted for Khariff 2025-2026 season preferably within a period of one (01) week. 6. Recording the said submissions, this Court of the opinion to dispose of the Writ Petition, directing the respondents to initiate appropriate action immediately after receiving the feasibility report in pursuance of the inspection report dated 15.10.2025. The action shall be initiated within a period of ten (10) days from the date of receipt of a copy of this order. It is made clear that the respondents before passing final orders shall afford an opportunity of hearing to the petitioner. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 16.10.2025 CVD