ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies for the respondents and perused the record.

2. Learned counsel for the petitioner submits that respondents are supplying the paddy to the petitioner rice mill under Custom Milling Rice Scheme (CMR) for the Khariff season 2023-24 and a quantity of 8945.20 quintals of paddy is allotted to petitioner rice mill. After milling the quantity of 18179.10 quintals and 432.83 quintals of paddy and also after sortexing the rice, a damaged rice quantity of 134.10 quintals is available in the petitioner rice mill. When the matter stood thus, on 20.11.2023, the respondent No.4 and other officials came to petitioner rice mill and inspected the rice mill and after inspection, seized the said entire quantity of paddy i.e., 18772.07 quintals as well as the damaged rice of 134.10 quintals by conducting panchanama alleging that the said 134.10 quintals is suspected to be PDS rice. After collecting the samples from the alleged PDS rice for analysis the authorities concerned found that, the percentage of damage and colour is exceeding the uniform specifications and it is a freshly milled rice. It clearly shows that the rice does not belong to Public Distribution System (PDS). Therefore, the respondents without any power or authority sized the CMR paddy of 18772.07 quintals, which is contrary to the memo issued by the Commissioner of Civil Supplies, Hyderabad vide CCS ref. No.P1(1)/2352/2012, dated 13.08.2012 and requested to direct the respondents to release the seized stock and permit the petitioner to mill the said paddy and supply resultant rice to the respondents.

3. On the other hand, learned Assistant Government Pleader for Civil Supplies appearing for the respondents basing on counter submits that on physical verification the CMR paddy stock was available in the rice mill and by following all the legal formalities no variations are found and in this regard orders have been issued vide proceeding No.CS6-71/2022-23, dated 03.12.2023. Since, the rice miller has submitted the written statement to the police officials at the time of their enquiry, the police officials have caught PDS rice from his rice mill. It clearly shows that the proprietor of the petitioner rice mill indulged in clandestine business illegally by storing PDS rice which is an offence under Clause 17(e) of TSPDS Control Order, 2016;

Clause 3 of Telangana State Rice (Custom Milling)order’ 2015. In view of the same, the District Manager, Telangana State Civil Supplies Corporation Limited, Nizamabad has submitted the analysis report and the report shows that the percentage of damage and discolour is exceeding the uniform specifications and on conducting mixed indicator test of the rice sample resulting colour is avocado green, Hence, the rice appears to be freshly milled but in this case, the petitioner himself has given a written statement that the rice in question is PDS rice. In view of same, no further merits in this writ petition and requested to dismiss the writ petition.

4. After hearing both sides, this Court is of the considered view that admittedly, the respondents have supplied CMR paddy to the petitioner rice mill and at the time inspection in the petitioner mill conducted by the respondent No.4, there is no variation in the CMR paddy and they have identified 134.10 quintals of rice situated in petitioner rice mill as PDS rice. But the District Manager, Telangana State Civil Supplies Corporation Limited, Nizamabad has sent the samples to analysis and the analysis report clearly shows that the percentage of damaged and discolour of rice is exceeding the uniform specifications and on conducting mixed indicator test of the rice sample resulting colour is avocado green and the rice appears to be freshly milled rice.

5. In the counter the respondents mainly relied on the statement of the proprietor of the petitioner rice mill before police on 20.11.2023 and annexed along wi