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2014 Supreme(AP) 993

A.V.SESHA SAI
Sri Saikrupa Industries, Kaloor village, Nizamabad district, rep. by its Partner C. Ramesh – Appellant
Versus
Food Corporation of India, Regional Office, Hyderabad, rep. by its General Manager – Respondent


Advocates Appeared:
For the Petitioners:R. Sudheer, Advocate.
For the Respondents: R1 & R2, B. Anjaneyulu, Standing Counsel for F.C.I., R3 & R4, G.P. for Civil Supplies.

Judgment :

This writ petition under Article 226 of the Constitution of India is filed, seeking to declare the action of the Food Corporation of India in recovering the amounts on account of non payment of Minimum Support Price (MSP) for Non FAQ paddy as arbitrary, illegal, ultravires and unconstitutional and violative of the Petitioners' rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently to declare the Common Letter No.Accts/CAG/V-365/Reply/2009-10 issued to the Petitioners as arbitrary, illegal and Ultravires.

2. Heard Sri R.Sudheer, learned counsel for the petitioners and Sri Vedula Venkataramana, learned Senior Counsel for the counsel on record for Food Corporation of India, apart from perusing the material available on record.

3. The pleaded case of the petitioners is as under:

3.1 Petitioners are the Rice Mills engaged in the business of purchasing paddy from the farmers and milling the same into rice and the said business is regulated by the A.P. Rice Procurement Levy Order, 1984 issued in exercise of the powers conferred under Section 3 of the Essential Commodities Act. Clause 2(j) of the Control Order authorises the Collector or an Off






























































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