M/S. Venkateshwara Industries vs The State Of Telangana on 7 July, 2026

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    Telangana High Court

    M/S. Venkateshwara Industries vs The State Of Telangana on 7 July, 2026

    Author: Surepalli Nanda

    Bench: Surepalli Nanda

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
                    AT HYDERABAD
    
          HON'BLE MRS. JUSTICE SUREPALLI NANDA
    
               WRIT PETITION No.21399 of 2026
    
                        DATE: 07.07.2026
    
    Between:
    
    M/s.Venkateshwara Industries               ...Petitioner
    
    
    
                               And
    
    
    
    The State of Telangana and 5 others     ...Respondents
    
                              ORDER
    

    Heard Sri K. Venumadhav, learned counsel

    appearing on behalf of the petitioner, Smt.S.Durga

    SPONSORED

    Priya, learned Assistant Government Pleader for Civil

    Supplies appearing on behalf of the respondent Nos.1,

    3 and 4 and Sri K. Devendar, learned Standing

    Counsel for Civil Supplies appearing on behalf of

    respondent Nos.2, 5 and 6.

    2. The petitioner approached the Court seeking

    prayer as under:

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    “…to issue an order or direction more
    particularly one in the nature of writ of mandamus or
    any other appropriate writ declaring the action of the
    respondent authorities in issuing a notice Lr.No.
    TGSCSCL/238/Rice Mills/RSL/2026 dated 21.05.2026,
    demanding the petitioner to pay the paddy available in
    the petitioner rice mill @ Rs. 2,236.81/- per quintal,
    prior to determining the same no notice was issued
    and no opportunity of hearing is given and not passing
    any orders considering the explanation/representation
    dated 01.07.2026, for determining the rate of the
    paddy per quintal, by duly following the orders of this
    Hon’ble Court passed in W.P.No.24750 of 2023, dated
    08.09.2023 and taking into consideration of the
    charges i.e., Handling and unloading charges (Hamali),
    Moisture loss and consequential weight reduction,
    Godown rent and storage charges and other incidental
    charges necessary for safeguarding the stock, is
    nothing but arbitrary, illegal, null and void and
    violative of principles of natural justice and also
    violative of Articles 14, 19 and 21 of the Constitution of
    India. Consequently direct the respondent authorities
    to consider the representation/explanation dated
    01.07.2026 submitted by the petitioner before
    proceeding for the demand of the amount for the stock
    of paddy of the season Rabi 2022-23, from the
    petitioner, by giving due opportunity of hearing and
    following the directions of this Hon’ble Court, and to
    pass such other order or orders as this Hon’ble Court
    may deem fit and proper in the interest of justice.”
    3

    3. The case of the petitioner in brief as per the

    averments made in the affidavit filed by the petitioner

    in support of the present Writ Petition is as under:-

    3.1 The petitioner is a partner of M/s.Venkateshwara

    Industries, Ragudu Village, Siricilla Mandal, Rajanna Sircilla

    District. During the Rabi 2022-23 season, 852.941 MTs of

    paddy were allotted to the petitioner’s mill under the

    Custom Milling Rice Scheme.

    3.2 The allotted paddy was of inferior quality and

    unsuitable for milling, due to its prolonged storage and

    hence caused heavy expenditure to the petitioner towards

    handling, storage, maintenance and other incidental

    charges, along with deterioration and weight loss of the

    paddy.

    3.3 Out of the total quantity of 852.941 (MTs) of paddy,

    136.365 MTs was lifted, leaving a balance of 716.576 MTs.

    Subsequently, a notice dated 21.05.2026 was issued by the

    respondent No.5 to the petitioner demanding

    Rs.1,60,28,444/- by valuing the remaining balance paddy

    available with petitioner Rice Mill at 716.576 MTs at
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    Rs.2,236.81 per quintal to be paid by the petitioner within

    90days. The petitioner submitted a detailed explanation cum

    representation dated 01.07.2026 seeking reconsideration, of

    the unilateral decision arrived at by the 5th respondent to

    recover the value of balance paddy at the rate of

    Rs.2,236.81 per quintal for the stock of 716.576 Mts.

    3.4 In the said representation, dated 01.07.2026, it

    is mainly pleaded by the petitioner as follows:-

    That the said fixation of the value of paddy at

    Rs.2,236.81 per quintal for the stock of 716.576 Mts.

    had been made without taking into account various

    important factors like

    a) The inferior quality of the stock

    b) Prolonged storage due to Government decisions and

    delays

    c) Natural moisture loss and reduction in weight

    d) Expenses incurred by rice Millers

    e) Previous Government decisions regarding disposal

    through auction and
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    f) Representations repeatedly made by Rice Millers

    Association.

    3.5 The said representation dated 30.06.2026 though

    acknowledged by the 2nd and 4th respondents on 01.07.2026

    itself however had not been considered as on date, and

    recovery proceedings had been initiated against the

    petitioner unilaterally. Hence, the present writ petition.

    DISCUSSION AND CONCLUSION:

    4. Learned counsel appearing on behalf of the petitioner

    submits that the issue in the present writ petition is

    squarely covered by the order of this Court

    dated 02.07.2026 passed in W.P.No.20672 of 2026 and

    hence, the petitioner is entitled for grant of the same relief

    as extended to the petitioner in W.P.No.20672 of 2026.

    5. Learned Assistant Government Pleader for Civil

    Supplies appearing on behalf of the respondent Nos.1,

    3 and 4 and learned Standing Counsel for Civil

    Supplies appearing on behalf of respondent Nos.2, 5

    and 6 do not dispute the said submission made by the

    learned counsel appearing on behalf of the petitioner.
    6

    6. TAKING INTO CONSIDERATION:

    a) The aforesaid facts and circumstances of

    the case,

    b) The submissions made by the learned

    counsel appearing on behalf of the petitioner, learned

    Assistant Government Pleader for Civil Supplies

    appearing on behalf of the respondent Nos.1, 3 and 4

    and learned Standing Counsel for Civil Supplies

    appearing on behalf of respondent Nos.2, 5 and 6.

    c) The discussion and conclusion as arrived at

    paragraph Nos.4 and 5 of the present order,

    The writ petition is disposed of directing the

    respondent Nos. 2 to 4 herein to consider the detailed

    explanation/representation of the petitioner, dated

    30.06.2026 addressed to the respondent No.5 herein

    in response to the notice dated 21.05.2026 issued by

    the respondent No.5 to the petitioner Rice Mill,

    seeking to recover the cost of shortage of paddy of

    Rabi 2022-23 from the petitioner herein at 2,236.81

    per quintal within 90 days towards the balance
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    716.576 Mts of paddy available at the petitioner Rice

    Mill, and take a decision on the subject issue within a

    period of one (1) week from the date of receipt of a

    copy of this order, in accordance to law and in

    conformity with principles of natural justice by

    providing an opportunity of personal hearing to the

    petitioner herein and duly communicate the decision

    on the explanation/representation of the petitioner

    dated 30.06.2026 to the petitioner herein. However,

    there shall be no order as to costs.

    Miscellaneous petitions, if any, pending in this Writ

    Petition, shall stand closed.

    ___________________________
    MRS. JUSTICE SUREPALLI NANDA

    Date: 07.07.2026
    DSU



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