Case Law
Subject : Civil - Writ Petition
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Hyderabad, India
– The Telangana High Court has dismissed a batch of writ petitions filed by rice millers challenging the rejection of Fortified Rice Kernels (FRK) supplied for the crop year 2023-24. Justice
J. SreenivasRao
presided over the case, delivering a common order in Writ Petition Nos. 15889, 15926, and others, all heard together. The court upheld the actions of the Union of India and the Food Corporation of India (FCI) in conducting surprise inspections and ordering the replacement of rice stocks deemed to be 'Beyond Rejection Level' (BRL) due to inadequate blending of FRK with
The petitioners, primarily rice millers from the Nalgonda district in Telangana, contested the rejection of their FRK deliveries and the subsequent directives to replace the BRL stock. They argued that the inspections conducted by the respondents were in violation of Standard Operating Procedures (SOPs), lacked transparency, and denied them an opportunity to be heard. The millers sought to set aside the rejection orders and ensure future deliveries would be accepted without reference to the BRL classifications.
Represented by Mr. Pasham Mohith and Mr. K. Venumadhav, the petitioners primarily contended that:
The respondents, represented by Mr.
Justice Rao , after considering the arguments and examining the records, sided with the respondents, observing:
> "The record reveals that as per the mandate of Government of India, Storage and Research (S&R) Division works, as a regulatory authority, conduct surprise checks to ensure that good quality of food grains have to reach to the beneficiaries... In the surprise inspection/check, as per the SOP, there is no requirement of issuance of prior notice to the petitioners proposing to conduct surprise check/inspection and also there is no requirement to conduct analysis test in the presence of the petitioners... Hence, the relief sought by the petitioners seeking to declare the action of the respondents in rejecting the delivery of FR made by the petitioners for the crop year 2023-24 as illegal, is not tenable under law, especially on the ground that the respondents have not rejected the stock supplied by them and they only directed the petitioners to replace the stocks as per the SOP..."
The High Court's decision reinforces the government's authority to conduct surprise inspections and enforce quality control measures for fortified rice distributed through public schemes. It underscores the importance of adhering to SOPs and guidelines aimed at maintaining the nutritional standards of fortified food grains. The judgment clarifies that the focus is on ensuring beneficiaries receive quality fortified rice and that replacement of BRL stock is a part of this quality assurance process, not a punitive rejection of supplies.
Final Decision: The Telangana High Court dismissed all writ petitions, upholding the actions of the respondent authorities. No order was made regarding costs.
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#FoodLaw #QualityControl #PublicDistribution #TelanganaHighCourt
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