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2025 DAILYLAW 55569 (AP)

M/s Vamsee Teja Modern Rice Mill Pvt. Ltd. v. The State of Andhra Pradesh

WP/36739/2018 · 2025-10-05

V Sujatha

body2025

Judgment text

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APHC010760152018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36739/2018 Between: 1. M/S VAMSEE TEJA MODERN RICE MILL PVT. LTD., REP., BY ITS MANAGING DIRECTOR, SRI NY. SATYANARAYANA, ALAMURU, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. 2. M/S SAI VAMSEE TRADERS, REP., BY ITS MANAGING PARTNER, SRI P.L. SRINIVAS ALAMURU, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY CIVIL SUPPLIES, SECRETARIAT, AMARAVATHI, GUNTUR, ANDHRA PRADESH. 2. THE ANDHRA PRADESH CIVIL SUPPLIES CORPORATION, REP., BY ITS MANAGING DIRECTOR, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE JOINT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 4. THE ANDHRA PRADESH CIVIL SUPPLIES CORPORATION, REP., BY ITS DISTRICT MANAGER, CIVIL SUPPLIES BHAVAN, ELURU, WEST GODAVARI DISTRICT. 5. DISTRICT COOPERATIVE CENTRAL BANK, REP., BY ITS BRANCH MANAGER, YELAMANCHILI BRANCH, YELAMANCHILI, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.36739 of 2018 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 issue an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the respondent corporation in issuing notices to the petitioners vide Rc.No.Mktg.4922/KHARIFF/2017- 18, dated 22.9.2018 and 25.9.2018 respectively for encashment of bank guarantee without receiving the balance stock of rice or paddy belonging to the respondent corporation from the petitioners rice millers as arbitrary, illegal, null and void, against norms of public police and principles of natural justice and to pass IA NO: 1 OF 2018 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 respondent corporation not to encash the bank guarantees provided by the petitioners rice millers through the 5th respondent bank by suspending the notices issued by the respondent corporation to the petitioners vide Rc.No.Mktg.4922/KHARIFF/2017-18, dated 22.9.2018 and 25.9.2018 respectively, pending disposal of the above writ petition, and to pass IA NO: 2 OF 2018 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 vacate the interim order granted in I.A No.01 of 2018 in WP No.36739 of 2018 dated : 08.10.2018 and pass Counsel for the Petitioner(S): 1. VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1. S DILIP JAYA RAM 2. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) 3. MD.SALEEM SC For APSCSC Limited,Vijayawda 4. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.36739 of 2018 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent corporation in issuing notices to the petitioners vide Rc.No.Mktg.4922/KHARIFF/2017-18, dated 22.9.2018 and 25.9.2018 respectively for encashment of bank guarantee without receiving the balance stock of rice or paddy belonging to the respondent corporation from the petitioners’ rice millers as arbitrary, illegal, null and void, against norms of public police and principles of natural justice.…” 2. When the matter came up for admission on 08.10.2018, this Court passed the following interim order: “…Pending further orders, there shall be interim direction as prayed for subject to the condition of the petitioners keep the bank guarantees in question alive till the disposal of the Writ Petition.” 3. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. 4. Today, when the matter came up for hearing, Mr.Dilip Jaya Ram, learned Standing Counsel for respondent No.5 has furnished a copy of instructions of the Chief Executive Officer, The District Cooperative Central Bank Ltd., Eluru dated 15.09.2025, wherein it is stated that ever since the passing of the interim order dated 08.10.2018, the petitioners have not approached the bank for extension/renewal of the bank guarantees, in 4 VS,J W.P.No.36739 of 2018 compliance with the orders passed this Court on 08.10.2018. Consequently, the bank guarantees in question have lapsed and are not alive as on date. 5. In view of the fact that the petitioners have not renewed the bank guarantees, this Court finds that no further cause survives in the present writ petition. 6. Accordingly, the Writ Petition is closed. However, the respondent Corporation is at liberty to proceed with impugned notices vide Rc.No.Mktg- 4922/KHARIFF/2017-18, dated 22.09.2018 and 25.09.2018, in accordance with law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR