IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19916 of 2010 Between: Alapati Saroja and others ..... PETITIONERS A N D Union of India rep. by its Secretary, Ministry of Commerce, Shastry Bhavan, New Delhi and others ..... RESPONDENTS ORDER: The petitioners are growers of Tobacco. The grievance of the petitioners is that they are not being allowed to sell the Virgenia Tobacco through 3rd respondent platform as per the provisions of the Tobacco Board Act. The learned Counsel for the petitioners submitted that the petitioners are prepared to pay the penalty and prayed that their Tobacco may be accepted in the auction subject to payment of the penalty as fixed by the Central Government. The learned Counsel for the petitioners also placed reliance upon Circular No.11/6/2004-EP (Agri.VI), dated 12-10-2009, of the Central Government, whereunder instructions were issued authorising respondent No.2- Tobacco Board to dispose the excess/unauthorised FCV Tobacco and levy penalty thereon for the crop season 2009-10 and for the months of March-April, 2010. Sri S. Srinivas Reddy, learned Standing Counsel for respondent Nos.2 and 3, submits that only after exhausting the authorised crop, depending upon the instructions of the Central Government and the Circulars issued from time to time including the right of penalty, the petitioners’ Tobacco will be considered for auction. In view of the statement made by the learned Standing Counsel for the respondents, the produce of the petitioners will be considered, after exhausting the authorised crop, in accordance with the instructions and circulars of the Central Government. Recording the aforesaid submission, the Writ Petition is disposed of. There shall be no order as to costs. ____________________ SANJAY KUMAR, J August 13, 2010. Pn THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19916 of 2010 August 13, 2010