IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12026 of 2008 Between: C.Rajakullayappa, S/o. Peddakullayappa, R/o. Nallapureddy Palli Village & Post, Pulivendula Taluk & Mandal, Kadapa District. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep by its Joint Director of Agriculture, Agriculture Research Center, Utukur, Kadapa. 2 The Assistant Director of Horticulture, Kadapa City & District. 3 The Horticulture Officer, Pulivendula, Kadapa 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 may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.1 and 2 in not considering the recommendation made by the 3rd respondent vide his letter, dated 02.05.20089 and the representations, dated 07-05-2008 made by the petitioner as arbitrary, illegal and violative of the fundamental rights guaranteed to the petitioner under Articles 14 & 21 of the Constitution of India and consequently direct the respondent No.2 to depute a Scientist as recommended by the 3rd respondent vide his letter, dated 02.05.2008. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12026 of 2008 ORDER: Heard both sides. It is the case of the petitioner that he planted 5500 nos. of Tissue Culture Banana Plantlets of Godrej Agrovet Limited on 13-07-2007, out of which, 2000 plants did not grow. Similarly, one C.Ramulamma planted 2000 plants, out of which, 900 plants did not grow. Similarly, one Sri C.Nadinagaiah planted 2000 plants, out of which, 500 plants did not grow. As there was no proper growth in Banana Plantlets, he made a representation before the 2nd respondent to direct the 3rd respondent to visit the Garden and submit appropriate report. Pursuant to the said representation, the 2nd respondent addressed a letter, dated 26-01-2008, to M/s.Godrej Agrovet Limited, bringing to its notice about the representation made by the petitioner and requested it to send one responsible person to visit the Garden and find out the reasons for the failure of Tissue Culture Banana crop. Pursuant to the said letter, dated 26-01-2008, the Horticulture Officer and the National Sales Manager, Godrej Agrovet Limited, visited the Garden. The General Sales Manager (Operations), Godrej Agrovet Limited, addressed a letter, dated 28-02-2008 to the 2nd respondent to find out as to whether there is any fault in rising the plants. While so, the 3rd respondent addressed a letter, dated 02-05-2008, to the 2nd respondent bringing to his notice that he visited the Garden and found that there is no proper growth in several Banana plantlets and further requested the 2nd respondent to depute a Scientist to conduct tests in the Garden to give reasons for loss of growth. As no action has been taken, pursuant to the letter addressed by the 3rd respondent to the 2nd respondent, the petitioner filed a representation before respondents 1 and 2 on 07-05-2008 requesting to depute a Scientist as recommended by the 3rd respondent. But, so far, the said representation has not been disposed of. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the 1st respondent to consider and dispose of the representation of the petitioner, dated 07-05-2008, as expeditiously as possible, without any undue delay. There shall be no order as to costs. ___________ 12-06-2008 Note: Issue C.C. in three days (B/o) Prv ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}