IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25147 of 2003 Between: 1 V.Siva Sankar Reddy, s/o V.Subramanyam r/o 26 I/354/1, NGO's Colony, B.V.Nagar, Nellore-524 004. 2 N.Hanuma Reddy, s/o Penchala Reddy, r/o Tatiparti, Podalakur, Nellore District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep., by its Secretary, Industries Department, Secretariat, Hyderabad. 2 The Sugar Cane Commissioner, Basheerbagh, Hyderabad. 3 The District Collector, Nellore District. 4 The Gayatri Sugar Complex, having its Regd.Office at Green Meadows Aprts., Nellore rep., by its Managing Director. 5 M/s.Krebs Biochemicals Ltd., having its Regd.Office at 401 & 402, Cyber Heights 4th Floor, Plot No.13, Road No.2, Banjara Hills, Hyderabad, rep., by its Managing Director .....RESPONDENT(S) 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 in the nature of writ of mandamus declaring the action of the respondents R1, 2 and 3 in not taking effective steps to see that the Cane growers who supplied cane to respondent No.4 are paid all the money due to them even though sugar is being sold in free market by R4 & R5 as unconstitutional and consequently direct the authorities to expeditiously act to see that the penalty is collected on the arrears due to cane growers and initiate penal action against R4 and R5 after declaring that respondents have not followed A.P.Sugar Cane (RSP) Act, 1961 and the rules and pass order or other orders as deemed fit in the interest of justice Counsel for the Petitioner: MR.K.S.MURTHY Counsel for the Respondent Nos. 1 and 2: GP FOR INDUSTRIES & COMMERCE Counsel for respondent No.3: G.P. for Revenue Counsel for respondents 4 and 5: Mr. V. Ravinder Rao and Mr. B.V. Rao The Court made the following : HON’BLE MR. JUSTICE BILAL NAZKI AND HON’BLE MR. JUSTICE GOPALAKRISHNA TAMADA W.P.No. 25147 of 2003 ORDER: (Per Hon’ble Mr. Justice Bilal Nazki) Learned counsel for the petitioner submits that in view of the judgment passed by this Court in CMA 3633 of 2003 and batch, dt. 3.9.2004, this writ petition has become infructuous. Accordingly the writ petition is dismissed as infructuous. No costs. _______ BN J. _______ TGK J. Dt.26 .11.2004 KR Sd/- ASST. REGISTRAR To 1 The Government of Andhra Pradesh, rep., by its Secretary, Industries Department, Secretariat, Hyderabad. 2 The Sugar Cane Commissioner, Basheerbagh, Hyderabad. 3 The District Collector, Nellore District. 4. 2CCs to G.P. for Industries, High Court Buildings, Hyd (out) 5. 2 CCS to G.P. for Revenue, High Court Buildings, Hyd (out) 6. 2CD copies