HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 5247 OF 2004 Between: 1. The South lndian Sugar Mills Association-Andhra pradesh, Reo. bv its Secretrary, 5-9-22169, Adarshnagar, Hyderabad -500063 2. M/s Sudalagunlg_SugarsJtd., Rgp.,! its Managing Director, S.Jayaram Chowdary 209, T.P.Area , Tirupati-S17501 3. S.Jayaram. .Chowdary, S/o.S.Penchal Naidu No. 20lG, Kakatiya Nagar Tirupati -514501 4. M/s. Sagar .Sugars & Allied Products Ltd., Rep. by its Executive Director, Arvind Nadagopal Nelavoy Village Sri Rangirajapuram Mandal Chittoor District. 5. Sri Arvind Nandagopal, Son of M.Nandagopal No.6,6th Street, Rutland Gate, Nungambakkam Chennia -600 006 6. Jhq KCP Sugar & lndustries Corporation, 183, Anna Salai , Ramakrishna 9uilding, CHENNAI-600 006, Rep. by its Managing Directoi, Mrs. lmgard Velagapudi tt/.Rao 7. Sri J.Saty-a!^alayana, S/o. late J.Lakshmaiah No.34, Baiulla Raod, T.Nagar Chennai -600 017 8 GMR lndustries Ltd., Rep. by its Managing Director Sri K.Narayan Rao 6-3-866/8678, Green Lands, Begum pet, Hyd-eraibad- 1 6 (CT is amended as per Court Order dt. 13110104 in WpMp.15728/04.) 9. Sri C.Prasanla, S/o. Sri Somraj Ram 4th Floor, 401 , Street No. 7 Himayathnagar, Hyderabad-soo 029 10. M/s Shree Vaani Sugars & industries Ltd., Rep. by its Director Dr. M.G..G..Naidu Mudipapanapalli, Sugualimitta (post) punganur, Chittoor District. 11.Sri D.V.R. S. Satyanarayana Murthy, son of D.V.R.M.S. Narasimha Rao H.No.152, Road No.3 Near New Nagole Colony Bus Stop Kothapet, Hyderabad '12.M/s Delta Sugars Ltd.,, Rep. by its Gokaraju Gangaraju 40-.1 5-14, Brindavan Colony, Vijaywada-O520 0 1 0 '13. Sri Gokaraju Gangaraju, son of G.Ranga Raju C/o. Laila Finance Ltd. 40-15-14, Brindavan Ccilony Vijayawada. " \ 14.The Nizam Deccan Sugars Ltd", Rep' by rts Manaoino Director' Sri Gokaraiu Ganagara 6'3-57ot1,2oti,'"o[ilti"i 5r"l'r noC*oatdc"ompound ' soma,iguda Hyderabad 15.DeccanSugarsLtd,DivnOfNavaBharatFerroAllovsLtd"Repbyits Company Secretary J'"citiJr d6n"tir Manager M Sribrahmanvam Nava Bharat Chambers 16. Sri T.R.Rao, S/o.T.Subba Rao Hyderabad 17.M/S. Prudential Sugar Corportation Ltd"' E"q'. Qy its President Kurra Subba Rao F_26, Vaibhav April5;il Ni;.b5, pijaor'ttui6ken Street. Kondithope Ma, Chennai-600 079 18. Sri Amangi Venkateswarlu, S/o'A'Adaiah Harilanawada ' Putturu Chittor Dist 19.M/S N.C.S. Sugars Ltd., Rep' by its Managing.Director' Sri N Nageswara Rao ' " 65d+s]s] sitiFro6r, Cnaxxiiam'House, somaji guda' H vdera bad-500 082 20.Sri N.Nageswara Rao' S/o' N' Narasimha Muthry l Plot No 10' Road No 13 Banjara Hills. HYderabad 21.M/s The Andhra Sugars Limited, R9p' pV its Chariman & Managing Director' ' iii. rrrriirpirJiHirsrc"r,anoE piasbo Venk'ataravapuram ' Tanuku' 22.Sri M.Bulli Abbayi, S/o' Sri M Balaramayya Garu Tanuku' West Godavari District. 23. M/s The Jeypore Sugar Co Ltd ,' Rep by its Ra'ieswari Ramakrisinan Post Box No. 703 183, nnnJ'Sirii, i{u'ma[list''rna Building Chennia -600 006 24.D.Kishore Singh, S/o. D Damodar Das Prabhu Krupa' U49-A' 6th Main Road' - Anna Nagar Chennai -600 040 25.M/S Sri Sarvaryaa Sugars Ltd',, Rep- by its Chref Executive' Sri RSudhakar -" &;;;t 84, dtniraisilai, Egmore, chennai600 105 26.Sri V.Venkata Subba Rao, S/o' V Achyuta^Ramaiah Sri Sarvaraya Sugar Ltd' -- d.jr""v ct "tlrrr, nayavarm Mandal, East Godavari District' 27.Mls. Gavatri Sugar Complex Limited, Rep !y its Director GKanna Babu -' Fiinnrdit, prtn-rti. Pooutri<ur Mandal Nellore District 28.sri G.Kanna Babu, M/s Gayatri Sugar complex Limited Prabhagiripatnam' Podalakur Mandal Nellore District' 29. M/S EmPee Sugars and Chemicals -- President(bperations) N.Chandrasekhara Road Puddr.iPet Chennai -600 006 Ltd.,, ReP. bY its Rao Empee Towers, 59 Vice- Harris 30.M/S Ganapathi Sugar lndustries Ltd,, Rep by^its Director' R Ganesh 8-2- "" ,i5als, nofo no.+ B"anlara Hills, Hyderabad- 500 034 ...PETlrloNER(S) AND 1 2 r) The Secretary (FPD), Ministry of Consumer. Affaris' Food & Public oliirio-utron-,-G6veinme'nt oi rnoia, Krishi Bhawan NewDelhi 110 001' The Joint Secretary (Sugar ), Ministry of Consumer Afflar' Food & Public oistrinuiion , Governnienioi tl'bia, t<risni Bhawan, New Dehi- 110 001 The Chief Director, Directorate of Quga.l Dept', of Food & Public Ministry of il;;;;r. -ntr"ii, F""a f'Fi,ur" biittiuution,' Government of lndia' Krishi Bhawan New Dehi- 110 001 4. The Chairman, Commission for Agricultural Costs of Prices Government of lndia, Krishi Bhawan New Dehi- 1'10 00'1 5. Bharatiya Kisan Sangh,AP (East ) Unit,, rep. by its President Mr. K. Hari Kishore Kumar Reddy, S/o. Rama Krishna Reddy, Paturu (Po), Kovur Mandal, Nellore District. (R-5 is impleaded as per C.O. Dt. 1311012004 in WPMP 1268012004) 6. The Govt. of AP, by its Prl. Secretary, Sugar,, Dept. of lndustries & Commerce, Secretariat, Hyderabad 7. The Commissioner and Director of Sugar and Cane, Commissioner, Shakker Bhavan, Basheerbagh, Hyderabad (RR 6&7 are impleaded as per court order dt. 13-10-2004 in WPMP 13263 of 2004.) ...RESPONDENTS Petition under Article 226 ol |he Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders or a writ, more particularly pertaining to the issuance of GSR 44(E) ESS.Com/Sugarcane, dl. 1410112004 issued by the 2nd Respondent and quash the same and consequently issue a writ of mandamus declaring the action of the respondents in re-fixing the Statutory Minium Price already fixed for the year 2003-04 Season as arbitrary, illegal and violative of Principles of natural justice and ultravires the provisions of Sugar Cane (Control) Orders, 1966 and Article 14, 19(1) (g) and 300-4 of the Constitution of lndia WPMP. NO: 6842 OF 2AA4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings No.GSR 44(D) ESS.Com/Sugarcane, dl. 1410112004 issued by the 2nd Respondent. WPMP. NO: 13264 OF 2004 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Sth and 6th Respondents herein to instruct all the concerned Asst. cane Commissioners and concerned authorities not to take any coercive steps for recovery of the Slr/P for the season 2003-04 at the rates fixed by the Government of lndia from the petitioner companies herein. Counsel for the Petitioners: SRl. CHALLA GUNARANJAN Counsel for the Respondent Nos. 1 to 4: SRl. T SURYA KARAN REDDY Counsel for the Respondent No. 5: SRI.K S MURTHY Counsel for the Respondent Nos. 6 & 7: The Court made the following: HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.5247 of 2001 ORDER: 1. When the matter is taken up for hearing, leamed counsel for the respondents has informed the Court that the present writ petition was disposed ol along with writ petition No.24852 of 2003 and batch on 29.10.2009 and this Court can close the present writ petition with the observation that the present writ petition was already disposed of' 2. ln vieu, of the above submission, this writ petition is closed' No costs. 3 As a sequel, the miscellaneous petitions pending, if any, shall stand closed, SD/. T.KRISHNA KUMAR J/ ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER To, batch) PM TP 1. One CC to Sri. Challa Gunaranjan' Advocate tOllcl i. o;; cc to sti T surva Karan Reddv' n{y993te [OPUC] ;. o;; cc io sti K S rviurthv, Advocate IOPUC] 4. Two CD CoPies. 5. One SPare CoPY " Gr""i'*in u i6pv otorderdated 29 1o 2oog inw P 24852 of 2003 and +" HIGH COURT DATED: 0710912021 ORDER WP.No.S247 o12004 CLOSING THE WP WITHOUT COSTS. o 3 0 sEP20It al nL lri{i o .? (d $'f 'J i) a) - ,. .., _ ) 1 ./ A \-.-..^ The Hon'ble Sri Justice R.Subhash Reddv ORDER: These writ petitions were filed by the petitioner-sugar industries, when they were not allowed to sell the free-sale sugar during the sugar cane crushing years 2003-04 and 2004-05. 2. When the matters are taken up for hearing, it is subrnitted by the learned Counsel lor petitioners that pursuant to the interim orders passed by this Court on 27-ll-2003, the petitioners were permitted to sell the free-saie sugar. The learned Counsel for petitroners has also produced a copy of the final order dated l0-03-2008, passed in an identical matter in Writ Petition No.18228 of2004 3. As much as the petitioners were allowed to sell the sugar pursuant to the interim orders, these writ petitions are disposed of, directing the respondents not to take any steps for prosecution of petitioners for sale of levy/free-sale sugar 4. Writ petitions are accordingly disposed of. No order as to costs. R.Subhash Reddy, J Writ Petition Nos.24852 & 25866 of 2003, 5117.5118.52,17.6623" 17487. 19080 & 18286 of2004. 1. 841 . 3866. 22 t7 1. 2218t. Z2t8 4. 221 86. 221 9 0. 229 29. 22934.22994. 23581 & 23582 of 2005 Dated 29'h october, 2009 I ur/aj r