IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:18024 of 2008 Between: 1 M/s. Venkata Satyanarayana Trading Company, Vijayawada, Rep. by its Managing Partner Mr. Vellampalli Raghu Narasimha Rao Canal Road, Vijayawada. 2 M/s. Sri Sairam Enterprises, Vijayawada Rep. by its Partner Mr. Vellampalli Raja Ramesh Canal Road, Vijayawada. 3 M/s. Cheviti Venkateswarlu Manures Depot Rep. by its Partner V. Srinvias , Vijayawada. 4 M/s. Cheviti Venkateswarlu Vellampalli Suryanarayana A Proprietory Concern, Rep. by its Proprietor Mr. Vellampalli Suryanarayana, Vijaywada. ..... PETITIONERS AND 1 Government of Andhra Pradesh,Rep. by its Secretary Department of Agriculture, Hyderabad. 2 The Commissioner and Director, Agriculture Andhra Pradesh, Hyderabad. 3 Additional Director, Agriculture Andhra Pradesh, Hyderabad. 4 A.P. State Warehousing Corporation Rep. by its Manager, Tadepalli, Guntur District. 5 Assistant Director of Agriculture(R) Mangalagiri, Guntur District .....RESPONDENTS Counsel for the Petitioners:SRI P.SATYANARAYANA PRASAD SENIOR COUNSEL Assisted by KUM.C.SINDHU KUMARI Counsel for the Respondents:GP FOR AGRICULTURE The Court made the following : ORDER: This writ petition is ﬁled for the following substantive relief: “In the above circumstances, it is therefore just and essential that the Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or order or direction declaring that a) the Proceedings of the Commissioner and Director of Agriculture, Andhra Pradesh, Hyderabad bearing No.Fert. II(2)/703/2008 dt. August 2008 signed on 9-8-2008 as arbitrary illegal, unjust and as ultra vires of powers of the Commissioner and Director of Agriculture b) the Proceedings of the Additional Director of Agriculture (1) in the Oﬃce of the Commissioner and Director of Agriculture, Andhra Pradesh, Hyderabad bearing NO. Fert. II(2) /703/2008 dt. August 2008 signed on 9-8- 2008 as arbitrary illegal, unjust and as ultra vires and declare the consequential Memo bearing No. Rc No. Fert/ 2008 dt. 10-8-2008 issued by the Assistant Director (R) Mangalagiri as arbitrary, illegal and as unjust and issue a consequential direction directing the Respondents not to interfere in any manner whatsoever with the wholesale business of the petitioners in fertilizers in accordance with the Fertiliser Control Order 1985.” At the hearing, it is represented by the District Collector, Guntur, who was present in the Court, that all the seized stocks are released to the petitioners. Sri S.Satyanarayana Prasad, learned Senior Counsel for the petitioners submitted that much of the released stock has already been sold by the petitioners. In view of the fact that the stocks have already been released, the cause in the writ petition does not survive for consideration. The orders of suspension are accordingly, set aside. However, this order does not preclude the respondents from initiating appropriate proceedings under the Fertilizers Control Order, 1985 in the event the petitioners are found to have committed violation of the provisions of the said Order. The writ petition is accordingly disposed of. C.V.NAGARJUNA REDDY, J 1st SEPTEMBER, 2008. kvni