IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:17356 of 2001 Between: The Khammam Dist.Co-operation Marketing Society Ltd., Rep.by its Manager, E.Pullaiah 3-9-125, Mohan Road, Khammam-507 003. ..... PETITIONER AND 1 The A.P.State Coop.Marketing Federation Ltd., 5-9-58/B, 7th Floor, Parisram Bhavan, Basheerbagh, Hyderabad. 2 Special Cadre Deputy Registrar/Enforcement Officer, A.P.State Coop.Marketing Federation Basheerbagh, Hyderabad. 3 The Cooperative Tribunal Chandravihar, Mazamjahi Road, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:MR.A.RAMALINGESWARA RAO Counsel for Respondent No.1 : MR. T.S.PRAVEEN KUMAR FOR MR. M.PAPA REDDY Counsel for Respondent No.2: GP FOR COOPERATION The Court made the following : ORDER: This writ petition is ﬁled for a writ of certiorari to quash order, dated 25.04.2001 in CTA No.29 of 1998 passed by respondent No.3 and order, dated 25.10.1997 in ARC No.17 of 1995 passed by respondent No.2. At the hearing, Sri T.S.Praveen Kumar, learned counsel for respondent No.1 placed before me a copy of letter, dated 12.09.2008 addressed to the Business Manager of the petitioner society, wherein he stated as under: “We invite kind attention to the reference cited, wherein we have oﬀered to settle your fertilizer and procurement dues under 1:1 interest rebate scheme. During the camp at Khammam by our SCDR/Enforcement Oﬃcer and Sale Oﬃcer, you have promised to remit the entire dues under 1:1 scheme by ﬁrst week of January 2007 sharp. So far, we have not received any amount from your society. A copy of the letter reference. The President, KDCMS, Khammam who had been to AP MARKFED, Hyderabad on 14-2-2007, have had discussions with our Chairman and Asst. Registrar/Sale Oﬃcer, in regard to payment of dues. It was promised by the Chairman, to remit the entire dues of Markfed by the end of March 2007, whatsoever. The total dues payable against (5) Eps are arrived at Rs.47,56,964.00 including EP & ARC fees and other charges a detailed below: Sl. No. E P No and Name of the Defendant Society Principal Amt Interest U n d e r 1:1 scheme EPs ARC Fee Other Charges T otal 1 4/86 Palwancha CMS 93,684.00 98,684.00 110.00 1000 1,88,478 2 13/85 Khammam CMS 66,893.00 66,893.00 110.00 1000 1,34,896 3 17/98 Khammam DCMS (under conditional attachment) 18,26,070.00 18,26,070.00 110.00 1000 36,53,250 4 13/77 Madira CMS 55,409.00 55,409.00 110.00 1000 1,11,928 5 89/79 Khammam DCMS 3,33,651.00 3,33,651.00 110.00 1000 6,68,412 T OT AL 23,75,707.00 23,75,707.00 550.00 5000 4756964 We hope that you will arrange the payment under 1:1 interest rebate scheme of Rs.47,56,964/- as agreed to and promised by you by the end of March 2007, being the second time of your promise, without giving scope for unpleasant situation of being default again as the SCDR/EO Court may pass orders for execution of Eps which are pending against your DCMS, since long time.” Since the contents of the letter suggest that oﬀer to pay the amounts due is not subject to the condition that the same is without prejudice to the petitioner’s rights to pursue the writ petition, the cause in the writ petition does not survive for consideration. The writ petition is, therefore, dismissed with liberty to the petitioner to file a review petition, if need be. As a sequel to dismissal of main petition, interim order, dated 20.08.2001 is vacated and WPMP.No.21707 of 2001 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 16th SEPTEMBER, 2008. kvni