IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11874 of 2008 Between: Sri Kantheti Pullaiah S/o.Mahalakshmaiah Machilipatnam, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by The Commissioner, Ex- Officio Secretary, Civil Supplies, Hyderabad. 2 The District Collector, Krishna, at Machilipatnam. 3 The District Supply Officer, Krishna, at Machilipatnam. 4 The Asst. Grain Purchasing Officer, Krishna, at Machilipatnam. .....RESPONDENT(S) 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 to issue a Writ, order or direction one in the nature of the Writ of Mandamus declaring the inaction of the respondents No.3 & 4 in not releasing the Permits for sale of levy free Rice to the Petitioner as illegal, null and void and arbitrary and to pass such other orders as are deemed fit and proper. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11874 of 2008 ORDER: It is the case of the petitioner that he is a proprietor of M/s.Shanmukha Traders, Machilipatnam, doing business in Paddy and Rice. He is also partner of M/s. Sri Gopala Krishna Rice and Ground Nut Mill, Pedana, Krishna District, and running the said Rice Mill for the last more than 18 years. He made an application for grant of permit for undertaking custom milling of Paddy on Private Account to the District Collector, Krishna. On verification and on enquiry, the District Collector, Krishna, granted permission for undertaking custom milling for a quantity of 27,000 qtls of Paddy on Private Account vide proceedings Rc.No.C1/244/2008, dated 16-04-2008, subject to the conditions that he shall maintain separately a true and correct account of paddy received for Custom Milling, indicating the name and complete address of the persons from whom such paddy is received and the quantity of paddy and rice manufactured there from; that he shall furnish an abstract of the account mentioned in condition (1) to the Collector (C.S.), Krishna every month, that the permission is liable for cancellation in the event of violation of any provisions of the A.P.Rice Procurement (Levy) Order, 1984, and that he should deliver 75% as Levy Raw Rice to the Food Corporation of India. It is stated that the petitioner supplied 1920.000 Mts of Rice towards levy to the Department and Food Corporation of India and that the petitioner is entitled to receive permits for sale of levy free Rice from the 3rd respondent. It is stated that after supply of the above quantity, respondents 3 and 4 shall release permits to sell the levy free Rice in the open market as per his entitlement. It is stated that respondents 3 and 4 have not issued permits so far. Learned Government Pleader for Civil Supplies submits that with regard to fulfillment of the conditions, the petitioner has to make an application before respondents 2 and 3 and on verification, the 2nd and 3rd respondent shall consider and issue permits and without making application, the petitioner seeks to issue a Writ of Mandamus to direct the respondents to issue permits. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make application before respondents 2 and 3 with regard to fulfillment of the conditions permitting him for undertaking custom milling of Paddy on Private Account. On filing such application, respondents 2 and 3 may consider and dispose of the same within one week from the date of receipt of such application. There shall be no order as to costs. __________ 11-06-2008 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}