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2026 DAILYLAW 17010 (AP)

M/S Pattabhi Agro Foods Pvt Ltd v. THE STATE OF ANDHRA PRADESH

WP/4158/2026 · 2026-03-22

Battu Devanand

body2026

Judgment text

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APHC010074672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 4158/2026 Between: 1. M/S PATTABHI AGRO FOODS PVT LTD, HAVING ITS REGISTERED OFFICE AT 2-153, RICE MILL STREET, VELPURU, WEST GODAVARI ANDHRA PRADESH - 5333437 REPRESENTED BY ITS AUTHORISED SIGNATORY SHAIK ABDUL SATTAR 2. M/S ORYZA EXIM PVT LTD, HAVING ITS REGISTERED OFFICE AT 1-217, RICE MILL STREET, VELPURU, WEST GODAVARI ANDHRA PRADESH - 5333437 REPRESENTED BY ITS AUTHORISED SIGNATORY GUNNAM SATYA SRINIVAS. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT-522238. 2. THE ANDHRA PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED APCSCL, HAVING ITS REGISTERED OFFICE AT 10-152/1, SRI SAI TOWERS, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007 REPRESENTED BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR 3. THE UNION OF INDIA, DEPARTMENT OF FOOD AND PUBLIC DISTRIBUTION (STORAGE AND RESEARCH DIVISION), NEW DELHI-110001. REPRESENTED BY ITS SECRETARY. 2 4. THE FOOD CORPORATION OF INDIA, 16-20, BARAKHAMBA LANE, NEW-DELHI-110001. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 5. THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FDA BHAWAN, KOTIA ROAD, NEW DELHI-110001. REPRESENTED BY ITS CHAIRPERSON. 6. THE DISTRICT CIVIL SUPPLIES MANAGER, PALNADU AP STATE CIVIL SUPPLIES CORPORATION LIMITED PALNADU DISTRICT- 522408. 7. THE DISTRICT CIVIL SUPPLIES MANAGER, KAKINADA AP STATE CIVIL SUPPLIES CORPORATION LIMITED KAKINADA DISTRICT- 533001. 8. THE DISTRICT CIVIL SUPPLIES MANAGER, WEST GODAVARI AP STATE CIVIL SUPPLIES CORPORATION LIMITED WEST GODAVARI DISTRICT-534006. 9. THE DISTRICT CIVIL SUPPLIES MANAGER, VIZIANAGARAM AP STATE CIVIL SUPPLIES CORPORATION LIMITED VIZIANAGARAM DISTRICT-535001. 10. THE DISTRICT CIVIL SUPPLIES MANAGER, ELURU AP STATE CIVIL SUPPLIES CORPORATION LIMITED ELURU DISTRICT- 534006. 11. THE DISTRICT CIVIL SUPPLIES MANAGER, EAST GODAVARI AP STATE CIVIL SUPPLIES CORPORATION LIMITED EAST GODAVARI DISTRICT-533001. 12. THE DISTRICT CIVIL SUPPLIES MANAGER, NELLORE AP STATE CIVIL SUPPLIES CORPORATION LIMITED NELLORE DISTRICT- 524001. 13. THE DISTRICT CIVIL SUPPLIES MANAGER, TIRUPATHI AP STATE CIVIL SUPPLIES CORPORATION LIMITED TIRUPATHI DISTRICT- 517501. 14. THE DISTRICT CIVIL SUPPLIES MANAGER, GUNTUR AP STATE CIVIL SUPPLIES CORPORATION LIMITED GUNTUR DISTRICT- 52201. 3 15. THE DISTRICT CIVIL SUPPLIES MANAGER, ANAKAPALLI, AP STATE CIVIL SUPPLIES CORPORATION LIMITED ANAKAPALLI DISTRICT-531001. 16. THE DISTRICT CIVIL SUPPLIES MANAGER, ONGOLE AP STATE CIVIL SUPPLIES CORPORATION LIMITED PRAKASAM DISTRICT- 523001. 17. THE DISTRICT CIVIL SUPPLIES MANAGER, VISHAKHAPATNAM AP STATE CIVIL SUPPLIES CORPORATION LIMITED VISHAKHAPATNAM DISTRICT-530001. 18. THE UNION OF INDIA, QUALITY CONTROL CELL, DEPARTMENT OF FOOD AND PUBLIC DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, NEW DELHI - 110001, REPRESENTED BY ITS SECRETARY. RR 18 IS IMPLEADED AS PER COURT'S ORDER DT.16.03.2026 IN I.A.NO.4 OF 2026. ...RESPONDENT(S): 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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the (A) the action of the Respondents herein in not disclosing the Quality verification and analysis Lab test reports issued by the NABL accredited - FSSAI empanelled labs against the sample(s) of the Fortified Rice Kernels drawn by Food Safety Officers under the Standard Operating Procedure (SOP) for issuance of the Fit for Blending Certificate after sampling, testing and reporting of results of the FRK Samples collected during the surveillance program notified vide F.No. 36- 8/2025-QCC (E- 390566) dated 13.11.2025 and allied operational guidelines. (B) the action of the Respondent No. 1, 6 to 17 herein in not excluding the time period in obtaining the Certificate of Analysis and the delay as a result of operation and technical constraints in computing the outer limit of 20 days period of delivery from the date of issuance of the movement order and consequently proposing to levy a penalty of Rs. 10,000/- per day till the delivery of entire quantity under the movement order(s). (C) the action of the Respondents herein is not strictly adhering to the time period contemplated under the Standard Operating Procedure (SOP) for issuance of the Fit for Blending Certificate after sampling, testing and reporting of results of the FRK Samples collected during the surveillance program vide F.No. 36-8/2025- 4 QCC (E-390566) dated 13.11.2025. (D) the action of the Respondents herein in not considering the representations dated 19.11.2025, 16.12.2025, 24.12.2025 as sheer arbitrary, unjust, irrational and violative of principles of natural justice, besides violative of the Petitioners rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct (i) the Respondents herein to disclose and communicate the Quality verification and analysis Lab test reports issued by the NABL accredited - FSSAI empanelled labs against the sample(s) of Fortified Rice Kernels drawn against each batch by Food Safety Officers along with blending certificate. (ii) the Respondents herein to send the second sample of the Fortified Rice Kernels drawn by the Food Safety Officer(s) against each batch for Quality verification and analysis to the third NABL accredited - FSSAI empanelled lab for re-analysis, in all cases of declaration of the first sample as 'unfit for blending' contrary to the Certificate of Analysis submitted by the Petitioners herein against each batch of FRKs.(iii) the Respondent No. 1, 6 to 17 herein to exclude the time period in obtaining the Certificate of Analysis and the delay as a result of operation and technical constraints in computing the outer limit of 20 days period of delivery from the date of issuance of the movement order on case to basis. (iv) the Respondents to consider the representations dated 19.11.2025, 16.12.2025, 24.12.2025 in accordance with the law and/or pass IA NO: 1 OF 2026 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 pleased to direct the Respondents herein to disclose and communicate the Quality verification and analysis Lab test reports issued by the NABL accredited - FSSAI empanelled labs against the sample(s) of Fortified Rice Kernels drawn against each batch by Food Safety Officers along with blending certificate and pass IA NO: 2 OF 2026 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 pleased to direct the Respondents herein to send the second sample of the Fortified Rice Kernels drawn by the Food Safety Officer(s) against each batch for Quality verification and analysis to the third NABL accredited- FSSAI empanelled lab for re-analysis, in all cases of declaration of the first sample as “unfit for blending” contrary to the Certificate of Analysis submitted by the Petitioners herein against each batch of FRKs and pass 5 IA NO: 3 OF 2026 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 pleased to direct the Respondents herein to permit the Petitioners herein to participate in the Tender for Appointment of District wise supply of 2836 MTs of Raw/Boiled Fortified Rice Kernels from the FRK Manufacturers located in all over India to the designated buffer godowns in the Konaseemsa, Krishna, Guntur, Eluru, Anakapalli and Bapatia Districts for Kharif 2025-26 notified vide Lr No. Proc./FRK Tender/Add/Kharif 2025-26 dated 30.01.2026 issued by the Respondent No.2 and/or pass s IA NO: 4 OF 2026 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 May be pleased to implead „The Union of India, Quality Control Cell, Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution , Krishi Bhawan, New Delhi - 110001, Represented by its Secretary, as Respondent No.18 in the captioned Writ Petition and pass Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. MAHADEVA.K, Empanel Advocate For FCI 2. GP FOR CIVIL SUPPLIES The Court made the following: 6 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.4158 of 2026 ORDER: Heard learned counsel for the petitioners and learned Standing Counsel for the respondents and perused the material available on record. 2. The learned Standing Counsel for Central Government appearing for the respondent No.3 contended that in view of the latest decision of the Government of India, dated 27.02.2026 to discontinue the supply of fortified rice under Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) and other welfare schemes of Government of India, the relief sought in the present writ petition does not survive. 3. The learned Standing Counsel for Central Government has placed on record a copy of the said decision of the Government of India, dated 27.02.2026. 4. In view of the above factual position, in our considered view, the cause does not survive in the present writ petition and accordingly it is liable to be dismissed as infructuous. 5. At this stage, the learned counsel for the petitioner sought permission from this Court to grant liberty to challenge the decision, dated 27.02.2026 of the Government of India. 6. Considering the same, this writ petition is dismissed as infructuous by granting liberty to the petitioner to challenge the decision of the Government of India, dated 27.02.2026, if so advised. 7 7. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date:23.03.2026 SA 8 158 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.4158 of 2026 Dt.23.03.2026 SA