IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL No. 908 of 1998 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/04/1998 in WP No. 9 of 1997 on the file of the High Court.) Between: 1. The Senior Regional Manager, Food Corporation of India, HACA Bhavan, Hyderabad. 2. The Dist, Manager, Food Corporation of India, Tadepalligudem, West Godavari District. 3. The Assistant Manager, Food Corporation of India, FSD, Bhimavaram, West Godavari Dist. ... APPELLANTS AND The Bhimavaram Rice Millers Association, Town Railway Station Road, Bhimavaram rep. by its Secretary T. Veera Raghava Rao. ...RESPONDENT Counsel for the Appellants: MR.B.ANJANEYULU Counsel for the Respondent: MR.K.RAGHUVEER REDDY The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL No.908 of 1998 JUDGMENT: (Per the Hon’ble Sri Justice V.Eswaraiah) Aggrieved by the orders of the learned single Judge in W.P.No.9 of 1997 dated 06.04.1998 in allowing the writ petition ﬁled by the respondent-Bhimavaram Rice Millers Association, declaring the action of the appellants in insisting to supply the levy boiled rice at Ponnada, West Godavari district, as illegal and arbitrary and in directing the appellants to accept the levy boiled rice from the members of the respondent-Millers Association at F.C.I. go down, Bhimavaram, West Godavari district this writ appeal has been filed. 2. Learned counsel appearing for the appellants, Sri B. Anjaneyulu submits that the writ petition was allowed by the learned Single Judge based on the decisions of the Division Bench of this Court in W.A.No.958 of 1996 dated 20.08.1996 and also other Writ Appeal Nos.1310 and 1558 of 1997. It is stated that aggrieved by the said judgments of the Division Bench of this Court, the Food Corporation of India, carried the matters to the Supreme Court in Civil Appeal No.5409 of 1997 and batch. The Apex Court by order dated 11.12.2003 set aside the judgments of the Andhra Pradesh High Court in the said appeals, resulting in dismissal of the writ petitions. It is also stated that following the aforesaid judgment of the Supreme Court, the learned Single Judge of this Court also dismissed a similar writ petitions ﬁled by the Rice Millers Association in W.P.Nos.473 and 478 of 1997 by order dated 09.04.2004. 3. Following the same and in view of the aforesaid judgment of the Supreme Court of India, the writ appeal is allowed, setting aside the order of the learned Single Judge passed in W.P.No.9 of 1997, dated 06.04.1998. No order as to costs. __________________ V.ESWARAIAH, J ______________________ G.V.SEETHAPATHY, J Date: 23.09.2008 bss