IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19165 of 2008 Between: 1 M/s. Bhargavi Rice Mill, L. Agraharam, Tadepalligudem Mandal, West Godavari District, Rep by its Proprietor, K.V.V. Satyanarayana Murthy 2 M/s. Vijayalakshmi Rice Mill, Kunchanpalli, Tadepalligudem Mandal, West Godavari District, Rep by its Proprietor, M. Sesha Rao 3 M/s. Sri Krishna Traders, Rachuru, Ungutur Mandal, West Godavari District, Rep by its Proprietor, Singireddy Krishna 4 M/s. Sree Dhanya Lakshmi Rice Company, Y.M.H.A. Hall Road, Eluru, West Godavari District, Rep by its Patner M. Pardhasaradhi 5 M/s. Visweswara Rice Mill, Kunchanapalli, Tadepalligudem Mandal, West Godavari District, Rep by its Managing Patner M. Rambabu 6 M/s. Sri Iswaryambica Rice & Flour Mill, K.N. Road, Pedatadepalli, Near Bharatiya Vidya Bhavan School, Tadepalligudem Mandal, West Godavari District, Rep by its Proprietor AKS Sivanan. 7 M/s. Sri Lakshmi Durga Rice Mill, D.No. 12-21-27(3) K.N. Road, Tadepalligudem, West Godavari District, Rep by its Proprietor Y.V.V. Jaya Nageswara Rao 8 M/s. Sri Venkata Rama Rice Mill, Alampuram, Pentapadu Mandal, West Godavari District, Rep by its Proprietor P. Venkataramanna. 9 M/s. Satyavathi Modern Rice Mill, Racherla, Tadepalligudem Mandal, West Godavari District, Rep by its Proprietor M.U.S. Bhaskar Rao 10 M/s. Sri Venkata Satya Rice & Flour Mill, Nallajarla, West Godavari District, Rep by its Proprietor M. Satyanarayana Murthy 11 M/s. Sri Venkateswara Traders, D.No. 1-54, Main Road, Padala, Tadepalligudem Mandal, West Godavari District, Rep by its Managing Partner P. Anjibabu 12 M/s. Sri Venkatarama Modern Boiled & Raw Rice Mill, Prathipadu, Juvvalapalem (PO), Tadepalligudem - 534 102. West Godavari District, Rep by its Managing Partner D. Seetharama Murthy 13 M/s. Sree Sai Krishna Rice Mill, B. Kondepadu, Pentapadu Mandal, West Godavari District, Rep by its Partner S. Sesha Ratnam. 14 M/s. Sri Satyanarayana Rice Mill, Racherla Road, Prathipadu, Tadepalligudem, Pentapadu Mandal, West Godavari District, Rep by its Managing Partner K. Gandhi 15 M/s. Sri Srinivasa Rice Mill, Racherla, Prathipadu(PO), Tadepalligudem, West Godavari District, Rep by its Managing Partner P. Lakshmana Rao 16 M/s. Sri Lakshmi Venkateswara Modern Rice Mill, Krishnaipalem, Tadepalligudem - 534 102. West Godavari District, Rep by its Proprietor, Ch. Nagadhanalakshmi 17 M/s. Gayatri Traders, Ungutur Village and Mandal, Rep by its Proprietor, N.V.V. Satyanarayana Murthy 18 M/s. Sree Enterprises, Prathipadu, West Godavari Dsitrict, Rep by its Managing Partner K. Govinda Rao 19 M/s. Vishnu Priya Modern Rice Mill, Kovvur Road, Opp Sub Registrar Office,Jangareddigudem, West Godavari Dsitrict, Rep by its Proprietor T. Satyanarayana ..... PETITIONERS AND 1 Government of India, Ministry of Consumer Affairs & Public Distribution, Department of Public Distribution, Krishi Bhavan, New Delhi. 2 The General Manager, Food Corporation Of Idnia, HACA Bhavan, Hill Fort Road, Hyderabad. 3 Food Corporation Of India, District Office, Jubilee Road, Tadepalligudem - 534 101, Repby its District Manager .....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 a writ or order or direction more particularly one in the nature of Writ of mandamus : 1. Declaring the proceedings No. 167(25)/2007-PY- 1 dated 9-6-2008 issued by the 1st respondent modifying the price of levey rice for the kharif marketing season 2007-2008 as arbitrary, illegal ultra vires, violative of the petitioner's rights guaranteed under Article 14, 19 (1)(g) and 300A of the constitution of India, 2. Declaring the action of the respondents in unilaterly making deductions from the running bills of the petitioners pursuant to the proceedings of the 1st respondent dated 9-6-2008 as arbitrary, illegal ultra vires, violative of the petitioner's rights guaranteed under Article 14, 19(1)(g) and 300A of the constitution of India, and pass Counsel for the Petitioners: MR.P.BALAJI VARMA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: Learned counsel appearing for the petitioner submits that no cause of action survives in this writ petition and seeks permission of this Court to withdraw the writ petition. Permission as sought for is accorded, and the writ petition is dismissed as withdrawn. _________________________ (B. Seshasayana Reddy, J.) 24th October, 2008 Js.