THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23000 of 2009 ORDER: The Government of Andhra Pradesh issued G.O.Rt.No.382 on 07.10.1998 allotting 100 metric tonnes of red sanders wood in favour of the petitioner herein at the rate of U.S.$3000 per metric tonne. The quantity was to be lifted within three months form the date of the G.O. However, only 10 tonnes was lifted within that time. On a request made by the petitioner, Government issued G.O.Rt.No.342 dated 04.10.2000 extending the time schedule by six months for lifting the balance of 90 metric tonnes in three equal instalments with the interval of two months on production of bank guarantee. Each interval was to be reckoned from the date on which the fresh agreement with the Department is entered into for release of 90 metric tonnes. The petitioner states that in spite of its repeated requests, the concerned authority did not come forward to execute the agreement and the very benefit extended to it under G.O.Rt.No.342 dated 04.10.2000 could not be availed by it. Alleging that the petitioner failed to lift the quantity within the stipulated time, the Government issued G.O.Rt.No.39, dated 17.02.2004 canceling the allotment made in favour of the petitioner. The petitioner states that it came to know about the said G.O only on 20.10.2009 when its request for the execution of the agreement in terms of G.O.Ms.No.342 was not acceded to, placing reliance upon it. G.O.Rt.No.39 is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Forests. As mentioned earlier, the time stipulated under G.O.Rt.No.342 dated 04.10.2000 would start running from the date on which the agreement contemplated under it is executed. While the petitioner asserts that the 2nd respondent did not execute the agreement in spite of its repeated requests, the latter states that the petitioner did not come forward despite repeated notices. Be that as it may, the agreement did not come into existence and thereby, the occasion for the time stipulated under the G.O.Rt.No.342 dated 04.10.2000 to run did not arise. Dealing with the identical situation, this Court passed an order on 07.04.2009 in W.P.No.9425 of 2008. Taking the various aspects into account, this Court directed that the petitioner therein shall be supplied the balance of the quantity but at the rates, prevailing as on the date of supply. This Court is of the view that the case of the petitioner stands on the same footing. Therefore, the writ petition is allowed directing that the petitioner shall be entitled to purchase the balance quantity of 90 metric tonnes of red sanders wood mentioned in G.O.Rt.No.342, dated 04.10.2000, on same conditions, but at the present market value to be stipulated by the 1st respondent within one month from the date of receipt of a copy of this order. The agreement in this regard shall be executed by the petitioner and the 2nd respondent within two weeks from the date of receipt of a copy of this order and it shall be the obligation of the petitioner to make necessary arrangements for this purpose. There shall be no order as to costs. _________ 10.12.2009 Note: Issue C.C. in three days. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23000 of 2009 Date: 10.12.2009 JSU