HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO AND HON’BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 896 of 2010 Date: 23-11-2010 Between The Government of A.P. ………… Appellant And A.P. Fertilizer Mixture Manufacture Association and others ……… Respondents HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO AND HON’BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 896 of 2010 ORDER: (Per HACJ) Heard the learned Additional Advocate General appearing on behalf of the appellants and Sri C.V. Mohan Reddy appearing on behalf of the respondents and at their request the main writ appeal itself is taken up for disposal. The State is the appellant in this Appeal filed, under Clause 15 of the Letters Patent, against the order passed by a learned single Judge of this Court on 28-10-2010 in W.P.M.P.No.31409 of 2010 in W.P.No.24537 of 2010, granting interim suspension of the impugned fax message, dated 07-08-2010, issued by Appellant No.2, pending disposal of the writ petition. The writ petitioners-respondents herein filed the writ petition challenging the impugned fax message, dated 07-08-2010, which reads as follows: “In order to monitor movement and availability of fertilizers so as to meet the demand of the farmers and to make available fertilizer cat M.R.P to the farmers, the following instructions are issued. In view of the above all the Joint Directors of Agriculture are instructed to see that the whole sale authorization letter holders (wholesale dealers) issued by the notified authority/Additional Director of Agriculture (Fertilizer) O/o Commissioner & Director of Agriculture, A.P., Hyd., shall move the fertilizers (Especially Urea) with the permission of the Commissioner of Agriculture only (Controller of Fertilizer) till further orders. All the Joint Directors of Agriculture are also instructed to see that NPK granulate mixture units shall procure the raw material only with the permission of Commissioner of Agriculture only (Controller of Fertilizer) till further orders.” The case of the writ petitioners-respondents herein is that without there being any sanction or statute behind the law, the appellants-authorities have issued the impugned fax message and such action on their part would amount to imposition of restriction and affects the substantive rights of the writ petitioners-respondents herein. Along with the writ petition, the writ petitioners-respondents filed W.P.M.P.No.31409 of 2010 seeking suspension of the impugned fax message. The learned single Judge, after contest by the appellants herein in the application, granted interim suspension of the impugned fax message categorically finding that there is no statutory support behind such imposition of restriction. Hence the writ appeal by the State. Though the learned Additional Advocate General submitted that in order to ensure proper supply of fertilizers and also to protect the measures in that regard, such instructions have been issued in the interest of the society, we are not inclined to accept the same at this juncture. As rightly pointed out by the learned singe Judge in the absence of any statutory support, any action on the part of the appellants-respondents amounts to imposition of restriction. In the circumstances and especially having regard to the discretion exercised by the learned single Judge in suspending the impugned fax message, pending the writ petition, we do not find any reason to warrant interference with the same. There are no merits in the Writ Appeal. The Writ Appeal is, accordingly, dismissed. No order as to costs. Office is directed to post the main writ petition on 06-12-2010 for ‘final hearing’ subject to part heard before the regular court hearing the writ petition. ____________________ B. PRAKASH RAO, HACJ __________________ V. SURI APPA RAO, J Date: 23-11-2010 YCR