THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26109 of 2007 ORDER: The petitioner is a trader in Red Sanders Wood and claims to be utilizing that material in manufacture of handicrafts. The material is available mostly in the State of Andhra Pradesh. The petitioner submitted representation, dated 23.07.2004, to the respondents, for allotment of 100 Metric Tonnes of Non-Grade Red Sanders wood. The 2nd respondent called for report from the 1st respondent, and ultimately, passed orders in G.O.Ms.No.268, Environment, Forests, Science and Technology (FDR.III) Department, dated 04.09.2004, allotting 100 Metric Tonnes of Non-Grade Red Sanders wood at Rs.25,000/-, per Metric Tonne. The terms and conditions of supply were also incorporated. The petitioner states that the order of allotment was honoured up to a substantial portion and 94 Metric Tonnes was supplied as agreed. It is stated that balance of 6 Metric Tonnes was not supplied due to non-availability of material. The grievance of the petitioner is that, in spite of repeated representations, the respondents have not released the balance of quantity. Reference is made to the facility extended to one Mr. N.C.Jain, for supply of material beyond the stipulated period. The petitioner prays for a writ of mandamus directing the respondents to release the balance of 6 Metric Tonnes of Red Sanders wood. On behalf of respondents, a counter-affidavit is filed. It is stated that the petitioner has no right to insist on release of the quantity and that the time stipulated in the G.O. has elapsed. Heard Sri K.Bathi Reddy, learned counsel for the petitioner, and the learned Government Pleader for Forests. The respondents acceded to the request of the petitioner for allotment of 100 Metric Tonnes of Red Sanders Wood and except for meagre quantity, the material was supplied, as per schedule. The left over quantity is only 6 Metric Tonnes. The non-supply thereof, is not on account of any lapse on the part of the petitioner. The Government itself extended the period of supply in many cases. In W.P.No.9425 of 2008, this Court dealt with similar matter. The distinguishing feature is that, the agency in that case failed to lift the material within the stipulated time, whereas in this case, the non- supply is on account of the non-availability of the material. In its order, dated 07.04.2009, this Court directed that the left over quantity shall be supplied at the prevailing market rate. Following the same, this Writ Petition is partly allowed, directing that the respondents shall supply the balance of 6 Metric Tonnes of Non-Grade Red Sanders wood to the petitioner, on payment of the market value, at the prevailing rate. Within one month from the date of receipt of a copy of this order, the respondent shall intimate the prevailing rate of the Red Sander wood to the petitioner, and within four weeks thereafter, the petitioner shall be under obligation to deposit the amount. The supply shall be made soon thereafter. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J 22nd December 2009 GJ