IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 21286 of 2004 Between: M/s Empee Sugars and Chemicals Ltd, having its registered office at Ayyapareddipalem, Naidupet- 524 126, Nellore, rep.by its Vice-President Shri N.S. Chandrasekhar Rao. ..... PETITIONER AND 1 Union of India, Rep. by its Secretary, Ministry of Consumer Affairs & Public Distribution, (Dept of Sugar & Edible Oils), Krishi Bhawan, New Delhi - 110 001. 2 The Joint Secretary (Sugar), Ministry of Consumer Affairs & Public Distribution, (Dept of Sugar & Edible Oils), Krishi Bhawan, New Delhi - 110 001. 3 The Chief Director (Sugar), Ministry of Consumer Affairs & Public Distribution, (Dept of Sugar & Edible Oils), Krishi Bhawan, New Delhi - 110 001. .....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 pass an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring that the Petitioner company is entitled to sell its free sale sugar stocks manufactured during the sugar year 2004-2005, to discharge its contractual and statutory liabilities and issue Writ of Prohibition restraining the Respondents from interfering with the petitioner company in selling its free sale sugar stocks in the open market by applying Clause 4 of the sugar ( Control) Order, 1966, as unreasonable, irrational, arbitrary and violative of the rights of the petitioners guaranteed under the Constitution of India. Counsel for the Petitioner:M/SC.KODANDA RAM Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: It is stated by the learned counsel appearing on behalf of the petitioner that pursuant to the interim orders of this court, the petitioners have already sold sugarcane stocks and paid the amounts to the ryots and that no further orders need be passed in this writ petition. Recording the submission, the writ petition is dismissed as infructuous. The respondents are restrained from initiating any prosecution against the petitioners for the sale of levy/free sale sugar, pursuant to the interim orders passed by this Court. No costs. -------------------------- V. ESWARAIAH, J DATE: 10.3.2008 CVM