IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3955 of 2008 Between: M/s. A. Subbaramaiah & Co., NH5, Manubolu Village,& Mandal, Nellore District, rep by its Proprietor, Mr. A. Subbaramaiah ..... PETITIONER AND 1 The Commercial Tax Officer, Gudur, Nellore District. 2 the Commissioner of Civil Supplies, Somajiguda, Hyderabad. 3 The Joint Collector, Nellore, Nellore District. 4 The District Supply Officer, Nellore, Nellore District. 5 The District manager, A.P. State Civil Supplies Corporation Limited, Nellore, Nellore District. .....RESPONDENTS 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 of Mandamus or any other appropriate Writ or order or direction directing the 2nd Respondent to revise supply rate of Kerosene under Public distribution system by fixation of price of kerosene considering the 8% APGST levy on the sale price of the kerosene sold by the petitioner during the period 1.1.1996 to 31-3-2005 instead of quantity litre sold and further direct the Respondents to pay the difference amount of Rs. 33,60,649/- to the petitioner for the period 1- 1-1996 to 31-3-2005 in terms of Kerosene (Restriction on use and fixation of ceiling price) Order 1993. Counsel for the Petitioner: MR.S.DWARAKANATH Counsel for the Respondents: Spl. Standing counsel for Commercial Taxes. The Court made the following : THE HON’BLE SMT. JUSTICE T. MEENA KUMARI and THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 3955 of 2008 O R D E R: (Per the Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking a writ of Mandamus directing the 2nd respondent to revise supply rate of kerosene under public distribution system by fixation of price of kerosene considering the 8% APGST levy on the sale price of the kerosene sold by the petitioner during the period 1.1.1996 to 31.3.2005 instead of quantity litre sold and further to direct the respondents to pay the difference amount of Rs.33,60,649/- to the petitioner for the period 1.1.1996 to 31.3.2005 in terms of Kerosene (restriction on use and fixation of ceiling price) Order 1993. Heard the learned counsel for the petitioner and Sri K. Raji Reddy, learned Special standing counsel for Commercial Taxes and perused the material available on record. The case of the petitioner is that the rate of difference should be fixed on the basis of price but not on the quantity of kerosene sold and as there was erroneous fixation of price, he made a representation dated 19.12.2006 to the 2nd respondent, but the 2nd and 3rd respondents have not taken any further action pursuant to the said representation. Having considered the matter and having regard to the fact that the representation dated 19.12.2006 is said to be pending, we deem it appropriate to direct the 2nd respondent to consider and dispose of the representation dated 19.12.2006 filed by the petitioner within a period of four weeks from the date of receipt of a copy of this order in accordance with law. The writ petition is accordingly disposed of with the above direction. ____________________ T.MEENA KUMARI, J. ____________ G.ROHINI, J. February 26, 2008 MVB.