APHC010043342022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2905/2022 Between: M/s Maa Suvvari Enterprises, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) 2. GP FOR CIVIL SUPPLIES The Court made the following: The writ petition is filed to declare the action of respondents in not considering the petitioner’s rice mill for custom milling for the KMS 2021-2022 as illegal and arbitrary. 2. Heard Sri S.Srinivasa Rao, learned counsel for the petitioner, learned standing counsel for respondents 2, 3 & 5 and learned Assistant Government Pleader for Civil Supplies for respondents 1 & 4. 2 3. (a) Learned counsel for the petitioner would submit that the Civil Supplies Corporation supplied 1283.640 MTs of paddy to the rice mill for custom milling for Khariff season 2020-21, out of which, a quantity of 860.039 MTs of resultant rice was delivered at 67%. The Civil Supplies department supplied paddy for milling from 9th December, 2020, to the third week of May, 2021. The petitioner supplied rice after custom milling till the end of March 2021. Thereafter, the Corporation stopped receiving rice in April and May due to COVID-19. The rice mills were also closed for want of manpower. (b) The Food Corporation of India (FCI) received non-sorted rice, however, the Civil Supplies Corporation was insisting on sorted rice. Since 07.06.2021, the FCI has stopped receiving rice. The petitioner has to deliver the balance CMR of 17 MTS to the Civil Supplies Corporation. The petitioner filed W.P.No.29810 of 2021 to direct the respondents to accept the balance CMR of 17 MTs. By order dated 30.12.2021, the Court directed the respondents to verify the representation and take appropriate action in four weeks. (c) The Vice-Chairman & Managing Director, AP State Civil Supplies Corporation has issued proceedings vide letter No.Mktg/M2/1920(3)/KMS- 2020-21 dated 06.01.2022, according permission to 28 rice mills to participate in CMR operations during the current season. The Joint Collector has to examine the track record of each of the rice mills. Out of 28 rice mills in the District, three rice mills were ignored. The petitioner is one among them. In Ex.P.3 letter issued by the District Manager of the Corporation, it was mentioned that no dues are pending for recovery from the petitioner about KMS 2020-21. However, the case of the petitioner for custom milling for the year 2020-21 KMS was not considered. 4. A counter-affidavit was filed by respondents 4 and 5. It was contended inter alia, that during May 2021, the petitioner delivered a quantity of 87.000 3 MTs of rice to the FCI. The petitioner has a history of not delivering CMR rice within the stipulated time and during Khariff season 2014-15, the petitioner has to deliver a quantity of 131.111 MTs of CMR and to cover his latches, the petitioner filed W.P.No.40376 of 2015 and sought direction to Corporation to receive the disproportionate CMR quantity. Thereafter, the petitioner filed W.P.No.29810 of 2021 to accept the balance CMR of 17 MTs. The petitioner was not in physical possession of 17.722 MTs of rice and thereby violated the terms and conditions of the agreement. The petitioner has become a habitual defaulter. The Corporation issued proceedings dated 06.01.2022 indicating no dues about KMS 2020-21. Eventually, prayed to dismiss the writ petition. 5. An application I.A.No.1 of 2023 was filed to amend the prayer to consider the petitioner’s rice mill for custom milling for the ensuing/ongoing KMS. The said application was filed on 06.03.2023. 6. Thus, as seen from the prayer in the writ affidavit as well as in the amendment petition, the petitioner requested to direct the respondent Corporation to permit the petitioner to custom milling for KMS 2021-22 and thereafter for KMS and RMS 2022-2023. 7. This court is of the considered view that, by efflux of time, the cause in the writ petition does not survive. 8. However, as seen from Ex.P.3 dated 06.01.2022, no dues are pending for recovery from the petitioner’s rice mill of the season KMS 2020-21 (Khariff) only. Even in the counter-affidavit, except for mentioning that there was a default for the year 2014-15 and thereafter for the year 2020-21, no dues are pending. Thereafter, three more seasons have gone by. 9. Given the facts and circumstances of the case, the writ petition is disposed of, giving liberty to the petitioner to make a fresh representation to the Corporation to consider the case of the petitioner for the new season. 4 Upon making such an application, the learned Corporation shall consider the representation of the petitioner strictly, following G.O.Ms.No.19, Consumer Affairs, Food & Civil Supplies (CS.I) Department, dated 29.10.2020. No order as to costs. Miscellaneous petitions pending, if any, including I.A.No.1 of 2023 shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 17.04.2025 KA 5 72 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2905/2022 Date: 17.04.2025 KA