IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17954 of 2008 Between: 1 M/s Sri Sai Siva Trders, Palagudem Road, Komadavolu, Eluru Mandal, West Godavari District, Rep by its Partner D.Siva Rama Prasad. 2 M/s Suveera Traders, Palagudem (P.O), Komadavolu, Eluru Mandal, West Godavari District, Rep by its Partner N.V.S.V. Prasad Rao. 3 M/s Sri Ramana Traders, Rice Mills Lane, Sri Balaji Theatre Road, Agraharam,Eluru Mandal, West Godavari District, Rep by its Partner N.Rama Krishna Prasada Rao. 4 M/s Sri Lakshmi Priya Rice Mill, Palagudem Road, Komadavolu, Eluru Mandal, West Godavari District, Rep by its Partner G.Mohan Rao. 5 M/s Satyadeva Modern Rice Mill, Kovvali, Denduluru Mandal, West Godavari District, Rep by its Partner V.V.Narasimha Rao. 6 M/s Sri Durga Traders, Chataparru Road, Venkatapuram, Eluru Mandal, West Godavari District, Rep by its Proprietor M.N.K.Durgamba. 7 M/s Sri Venkata Ramana Rice Mill, Dhondapadu, Sanivarapu Peta, Eluru Mandal, West Godavari District, Rep by its Proprietor K.Seetharavamma. 8 M/s Sri Khanya Lakshmi Rice Mill, Thotagudem, Rajupeta Post, Eluru, West Godavari District, Rep by its Partner K.V.Seetharamanjaneyulu. 9 M/s Sri Durga Agro Industries, Nagulaplli X Road, Amberpeta, Bheemadol Mandal, West Godavari District, Rep by its Partner D.Sri Krishna Surya Bhagavan. 10 M/s Sri Sai Ganesh Traders, Jalipudi, Eluru Mandal, West Godavari District, Rep by its Proprietor P.Vijayalakshmi. 11 M/s Sri Maniratna Rice Traders, Mlkapuram, Eluru Mandal, West Godavari District, Rep by its Proprietor P.Venkata Ratnam. 12 M/s Sri Ganesh Srinivasa Traders, Madepalli, Eluru Mandal, West Godavari District, Rep by its Proprietor M.Pavan Hari. 13 M/s Sri Pavana Sai Traders, Chataparru Road, Venkatapuram, Eluru Mandal, West Godavari District, Rep by its Partner V.L.Swamy. 14 M/s Sri Lakshmi Durga Traders, Kaikalur Road, Madepalli, Eluru Mandal, West Godavari District, Rep by its Proprietor B.Rama Mohan Rao ..... PETITIONERS AND 1 Government of India, Ministry of Consumer Affairs & Public Distribution, Department of Public Distribution, Drishi Bhavan, New Delhi. 2 The General Manager, Food Corporation of India, HACA Bhavan, Hill Fort Road, Hyderabad. 3 Food Corporation of India, District Office, Jubilee Road, Tadepalli gudem-534 101, Rep by its District Manager. .....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 a writ or order or direction more particularly one in the nature of writ of mandamus: 1 Declaring the proceedings No.167(25)/2007-PY-1 dated 9-6-2008 issued by the 1st Respondent modifying the price of levy rice for the Kharif marketing season 2007-2008 as arbitrary, illegal ultra vires, violative of the petitioner's rights guaranteed under Article 14, 1991)(g) and 300A of the Constitution of India. 2 Declaring the action of the respondents in unilaterly making deductions from the running bills of the petitioner pursuant to the proceedings of the 1st respondent dated 9-6-2008 as arbitrary, illegal ultra vires, violative of the petitioners rights guaranteed under Article 14, 19(1)(g) and 300A of the Constitution of India; and pass Counsel for the Petitioners: MR.P.BALAJI VARMA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: Learned counsel appearing for the petitioner submits that no cause of action survives in this writ petition and seeks permission of this Court to withdraw the writ petition. Permission as sought for is accorded, and the writ petition is dismissed as withdrawn. _________________________ (B. Seshasayana Reddy, J.) 24th October, 2008 Js.