IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION Nos: 13408, 13841, 13842, 13843, 13839, 13840, 14610, 14611, 14615 & 14616 of 2009 In W.P.No.13408 of 2009: Between K. Srirama Krishna S/o. K. Venkata Rao, R/o. Bodigagudem Village, Koyyalagudem Mandal, W.G. District. .. Petitioner AND 1 The Chairman Tobacco Board, Guntur, Guntur District. 2 The Auction Superintendent Tobacco Board at Koyyalagudem West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30.11.2007 for grant to Tobacco Barren licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs. Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR. S.SRINIVASA REDDY In WRIT PETITION NO : 13841 of 2009 Between: B.Nageswara Rao s/o. Veranna R/o. Dippakayalapadu, Koyyalagudem Madnal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco board, Guntur, Guntur District. 2 The Auction Superintent Tobacco Board at Koyyalagudem West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30.11.2007 for grant to Tobacco Barren licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: MR.S.SRINIVASA REDDY In WRIT PETITION NO : 13842 of 2009 Between: P. Appa Rao S/o. Nagabhushanam R/o. Koyyalagudem Post and Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 14.1.2008 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: MR.S.SRINIVAS REDDY In WRIT PETITION NO : 13843 of 2009 Between: Y.Sivarama Krishna S/o.Kondal Rao R/o. Trinadhapuram, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 8.1.2008 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs. Counsel for the Petitioner :MR. B.CHANDRA SHEKHAR Counsel for the Respondents: MR.S.SRINIVASA REDDY In WRIT PETITION NO : 13839 of 2009 Between: E. Nagaveni W/o. Gangadhar Rao R/o. Ankalagudem Village, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur, Guntur District. 2 The Auction Superintendent, Tobacco Board, at Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30-11-2007 for grant of Tobacco Barren licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR.S.SRINIVASA REDDY In WRIT PETITION NO : 13840 of 2009 Between: Y.Satyanarayana S/o.Suryachadra Rao, R/o.trinadhapura, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioners application dt. 16.1.2008 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR. S.SRINIVAS REDDY In WRIT PETITION NO : 14610 of 2009 Between: P.Satyavani W/o. Radha Krishna Murthy R/o.Dippakayalapadu, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30-11-2007 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR. S.SRINIVAS REDDY In WRIT PETITION NO : 14611 of 2009 Between: V. Satyavathi, W/o. Suryachandra Rao, R/o.Dippakayalapadu, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30-11-2007 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR.S.SRINIVAS REDDY In WRIT PETITION NO : 14615 of 2009 Between: Mandapati Pandu Rangadu S/o. Mohan Rao R/o. Dippakayalapadu, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent Tobacco Board at Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 30-11-2007 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR. S.SRINIVAS REDDY A N D IN WRIT PETITION NO : 14616 of 2009 Between: Mandapati Mohana Lakshmi W/o. Satyanarayana R/o.Dippakayalapadu, Koyyalagudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, Tobacco Board, Guntur Guntur District. 2 The Auction Superintendent, Tobacco Board At Koyyalagudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not considering nor taking any action on the petitioner's application dt. 16-11-2007 for grant of Tobacco Barren Licence, as illegal, arbitrary and unconstitutional and consequently direct the respondents herein to consider the said application forthwith, and to grant such other relief or reliefs Counsel for the Petitioner : MR. B.CHANDRA SHEKHAR Counsel for the Respondents : MR. S.SRINIVAS REDDY The Court made the following Common Order : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION Nos: 13408, 13841, 13842, 13843, 13839, 13840, 14610, 14611, 14615 & 14616 of 2009 COMMON ORDER : These writ petitions, which are filed with a common prayer, are heard together and decided by this common order. The petitioners, who claim to be cultivating tobacco in their fields situated in different villages in Koyyalagudem Mandal, West Godavari District filed these writ petitions seeking a declaration that the inaction on the part of the respondents in considering their applications made on 30.11.2007 for grant of tobacco barns licence as arbitrary and illegal and for a consequential direction to consider their applications forthwith. Heard both sides. On behalf of the Tobacco Board counter affidavits have been filed in all the writ petitions stating that the applications made by the petitioners were considered and orders were passed long back on 19.09.2008 rejecting their request for licences. It is further stated that as per the provisions of the Tobacco Board Act, 1975 and the Rules made thereunder, grant of registration or renewal is only for a period of one year and since the crop season 2007-08 expired long back, the prayer in these writ petitions is misconceived and cannot be granted. However, the learned counsel for the petitioners sought permission to make a fresh application for the crop season 2009-2010 and the learned counsel for the respondents did not oppose the same. Accordingly, all these writ petitions are disposed of granting liberty to the petitioners herein to make fresh applications for grant of licence for the crop season 2009-2010. If any such applications are made, the respondents shall consider the same and pass appropriate orders in accordance with law. No costs. ______________ G. ROHINI, J Date: 27-07-2009 KLP