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 : 18857 of 2008 Between: 1 M/s. Balaji Rice Mill, Mattaparru, Via Palakol, West Godavari District, Rep. by its Managing Partner P. Ramakoti Raju. 2 M/s. Vijayalakshmi Narasimha Rice Mill, Nagarajupeta, Palakol, West Godavari District, Rep. by its Managing Partner Veera Swamy. 3 M/s. Gopala Krishna Traders, Ullamparru, West Godavari District, Rep. by its Managing Partner Y. Samba Murthy 4 M/s. Lakshmi Ganapathi Rice Mill, Bhaggeswaram, Via Palakol, West Godavari District, Rep. by its Managing Partner S. Appa Rao 5 M/s Sri Sai Teja Rice Mill, Mattaparru, Via Palakol, Poduru Mandal, West Godavari District, Rep. by its Managing Partner A. Brahmaiah 6 M/s. Sri Satya Prasada Rice Mill, Ullamparru, Via Palakol, West Godavari District, Rep. by its Managing Partner S. Sri Ramaraju 7 M/s. Veera Raghava Venkateswara Modern Rice Mill, Canal Road, Jinnuru, West Godavari District, Rep. by its Managing Partner K. Narayana Murthy 8 M/s. Sri Venkata Durga Hanuman Rice & Flour Mill, Mallavaram, Narsapur Mandal, West Godavari District, Rep. by its Proprietor P. Madhava Rao 9 M/s. Mohan Satya Traders Kopparru, Narsapur Mandal, West Godavari District, Rep. by its Proprietor P. Mohan Venkata Rao 10 M/s. Sri Lakshmi Traders, Juvvalapalem, Kalla Mandal, West Godavari District, Rep. by its Proprietor K. Gandhi 11 M/s. Sri Kamakshi Devi Traders N.R.P. Agraharam, Undi Mandal, West Godavari District, Rep. by its Proprietor P. Narsinga Rao 12 M/s. K. Suryanarayana Raju Paddy and Rice Merchants, Pedapulleru, Undi Mandal, West Godavari District, Rep. by its Proprietor K. Suryanarayana Raju 13 M/s. Sri Venkatarama Krishna Rice Mill, West Railway Gate Road, Akividu, West Godavari District, Rep. by its Managing Partner G. Suresh 14 M/s. Sri Jayalakshmi Rice Mill, West Railway Gate Road, Akividu, West Godavari District, Rep. by its Managing Partner A. Bhaskara Rao 15 M/s. Venkata Lakshmi Trading Company, West Railway Gate Road, Dumpgadapa Road, Akividu, West Godavari District, Rep. by its Managing Partner G. Venkata Srinivasa Rao 16 M/s. Satya Durga Rice Traders, West Railway Gate Road, Akividu, West Godavari District, Rep. by its Partner S. Krishna 17 M/s. Sri Lakshmi Nivas Modern Rice Mill, Gummuluru Road, Akividu, West Godavari District, Rep. by its Managing Partner V. Pullaiah 18 M/s. Sai Ram Modern Rice Mill, Taderu, Bhimavaram Mandal, West Godavari District, Rep. by its Managing Partner B. Satyanarayana Murthy 19 M/s. Sri Satyanarayana Raw & Boiled Rice Mill Pvt. Ltd., Uni Road, Kovvada, West Godavari District, Rep. by its Managing Director B. Venkateswara Rao 20 M/s. Sri Lakshmi Narayana Rice & Flour Mill, Mentevari Thota, Bhimavaram, West Godavari District, Rep. by its Proprietor Balaji China Appa Rao 21 M/s. Sri Mahalakshmi Raw and Boiled Rice Mill, P.P. Road, Vissakoderu, Palakoderu Mandal, West Godavari District, Rep. by its Managing Partner Ch. Padmaja 22 M/s. Venkata Maruthi Sai Lakshmi Traders Bhimavaram, West Godavari District, Rep. by its Managing Partner A.V.N. Ramesh. 23 M/s. Sri Venkateswara Vijayalakshmi Rice Mill, Bhimavaram, West Godavari District, Rep. by its Manager M.U. Bhaskar Rao 24 M/s. Sri Venkata Jagannadha Modern Raw Rice Mill, D.No.1-27, Taderu, Bhimavaram Mandal, West Godavari District, Rep. by its Managing Partner K. Venkateswara RAo 25 M/s. Sri Sai Kanchana Modern Rice Mill Seesali West Godavari District, Rep. by its Proprietor J. Bhaskar Rao 26 M/s. Vijaya Durga Trading Company Penugonda, West Godavari District, Rep. by its Managing Partner K. Adhinarayana 27 M/s. Sri Ramalilngeswara Rice & Oil Mills, Velpur, West Godavari District, Rep. by its Managing Partner B. Ramachandara Rao 28 M/s. Sri Rama Krishna Raw and Par Boiled Rice Mill, Peravali, West Godavari District, Rep. by its Managing Partner N. Ramakrishna Murthy 29 M/s. Hemadri Rice Mill Peravali, West Godavari District, Rep. by its Managing Partner G.N. Suryanarayana 30 M/s. Venkateswara Industries Malleswaram West Godavari District, Rep. by its Managing Partner M.K.V. Rami Reddy 31 M/s. Balaji Rice Mill, Tanuku-Athili Road, 'Y' Junction, Velpur, West Godavari District, Rep. by its Managing Partner M. Narsanna 32 M/s. Alievelu Rice Products Velpur West Godavari District, Rep. by its Managing Partner A. Rama Krishna 33 M/s. Arimilli Venkata Ratnam & Co., Velpur, Tanuku Mandal, West Godavari District, Rep. by its Managing Partner A. Appa Rao 34 M/s. Sri Dhana Lakshmi Rice Mill Velpur, Tanuku Mandal, West Godavari District, Rep. by its Proprietor Reddy Durga Rao 35 M/s. Gudimetla Sundara Rami Reddy & Co., Mallipudi, West Godavari District, Rep. by its Partner G. Sundara Rami Reddy 36 M/s. Sundaram Trading Co., Manchili, Attili Mandal, West Godavari District, Rep. by its Managing Partner G. Anantha Raju 37 Sri Venkateswara Modern Boiled & Raw Rice Mill, Vuradallapalem, Attili Mandal, West Godavari District, Rep. by its Managing Partner K. Dharma Rao 38 M/s. Sri Venkata Padma Rice Mill, Rly Station Road, Velpur West Godavari District, Rep. by its Proprietor G. Venkata Rao 39 M/s. Sri Lakshmi Bhavani Traders Penugonda, West Godavari District, Rep. by its Proprietor V. Venkateswara Reddy 40 M/s. Vamsee Teja Modern Rice Mill, Alamur, Penumantra Mandal, West Godavari District, Rep. by its Managing Partner N.V. Satyanarayna 41 M/s. Sri Gopal & Co., By-pass Road, Chivatam, West Godavari District, Rep. by its Partner Y. Narsimha Rao 42 M/s. Sri Ramabhadra Modern Rice Mill, Tetali, Tanuku Mandal, West Godavari District, Rep. by its Partner P.R.K. Gopala Raju 43 M/s. Lakshmi Rice Mill, Komarvaram West Godavari District, Rep. by its Partner P. Venkata Ratnam. 44 M/s. Sri Venkateswara Modern Rice Mill, Iragavaram, West Godavari District, Rep. by its Partner A. Ramachandra Rao 45 M/s. Sree Venkata Ramalingeswara Rice & Flour Mill, Velpur, Tanuku Mandal, West Godavari District, Rep. by its Managing Partner G. Mohan Rao 46 M/s. Sri Venkatarama Modern Rice Mill, Iragavaram West Godavari District, Rep. by its Partner D.V.S. Prakasa Rao 47 M/s. Devi Satya Rice Industry, Narsapur Road, Peravali, West Godavari District, Rep. by its Managing Partner K. Butchi Ramayya 48 M/s. Vishnu Industries Kakaraparru, Peravali Mandal, West Godavari District, Rep. by its Partner K. Venkata Satyanarayana 49 M/s. Sri Venkateswara Rice Mill, Tallapudi, West Godavari District, Rep. by its Managing Partner S. Janardhana Rao 50 M/s. Srinivasa Traders Tallapudi, Tallapudi Mandal, West Godavari District, Rep. by its Proprietor G. Suryanarayana Rao 51 M/s. Lakshmi Venkata Sai Traders, Tallapudi, West Godavari District, Rep. by its Partner K.S. Rama Krishna 52 M/s. Sri Sai Balaji Rice Mill, Tallapudi, West Godavari District, Rep. by its Managing Partner K. Sri Rama Chandra Murthy ..... PETITIONER(S) 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 India, HACA Bhavan, Hill Fort Road, Hyderabad. 3 Food Corporation of India, District Office, Jubilee Road, Tadepalligudem-534101, rep. by 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 levy 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 300 A 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 300 A of the Constitution of India; and consequently direct the respondents to refund the amounts already deducted from the running bills of the petitioners herein unilaterly making deductions from the running bills of the petitioners pursuant to the proceedings of the 1st respondent dated 09.06.2008 and pass such other order or orders 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.