IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12081 of 2009 Between: 1 Mallisetty Rambabu S/o. Satyanarayana R/o. Koyyalagudem (Post & Mandal), West Godavari District. 2 K. Chittemma W/o.Rama Rao R/o. Bodigagudem, Koyyalagudem (Post & Mandal), West Godavari District. 3 K. Mangatayaru W/o.Basavaiah R/o. Bodigagudem, Koyyalagudem (Post & Mandal), West Godavari District. 4 M. Sitaramulu S/o.Mukkaiah R/o. Bodigagudem, Koyyalagudem (Post & Mandal), West Godavari District. 5 M. Nagamani W/o. Sitaramulu R/o. Bodigagudem, Koyyalagudem (Post & Mandal), West Godavari District. .... PETITIONERS 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 permitting the petitioner to sell their tobacco through auction platform as illegal, arbitrary and unconstitutional and consequentially direct the respondents to permit the petitioners to sell their tobacco crop at least by deducting 5% penalty from the bills payable to the petitioners in the interest of justice, 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 Respondent Nos.1 & 2: MR.S.SRINIVAS REDDY The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No : 12081 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not permitting the petitioners to sell their Tobacco through auction platform, as arbitrary and illegal. It is not in dispute that the writ petitioners are the unregistered growers. However, it is pleaded by the petitioners that the respondents ought to have considered their request for selling their tobacco on levying penalty as per the circulars issued by the Government of India from time to time. I have heard the learned counsel for the petitioners as well as Sri S.Srinivas Reddy, learned counsel appearing for the respondents 1 and 2. In the counter affidavit filed on behalf of the respondents, it is stated that the Central Government has been imposing penalties on the unauthorized growers with a view to curtail growing of tobacco unauthorisedly. It is further stated that by Notification No.S.O.1596 (E), dated 01.07.2008, issued by the Ministry of Commerce & Industry, Department of Commerce, Government of India, New Delhi, the Tobacco Board was authorized by the Central Government to permit the sale of Tobacco grown by the unregistered growers by collecting the penalty of Rs.1/- per Kg and an extra fee of 5% of the proceeds of the sale as service charges. It is also stated that the tobacco grown by the unregistered growers would be allowed to be sold after the sale of tobacco grown by the registered growers is completed. Having heard the learned counsel for both the parties and having regard to the specific stand taken by the respondents in their counter affidavit that the tobacco unauthorisedly grown by the petitioners would be allowed to be sold by collecting the penalty and service charges, as directed by the Central Government, after the sale of tobacco grown by the registered owners is completed, no further adjudication is necessary in this writ petition. Accordingly, Recording the statement of the respondents in their counter affidavit, the writ petition is disposed of at the admission stage with a direction to the respondents to consider the case of the petitioners for sale of their tobacco in terms of the Notification of the Central Government, dated 01.07.2008 after the tobacco grown by the registered growers is sold. The writ petition is accordingly disposed of. No costs. _____________ G.ROHINI, J Dt.29-06-2009 Note:- Issue C.C in 2 days (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12081 of 2009 DATED : 29-06-2009