HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.27359 OF 2010 ORDER: The petitioners are the growers of Tobacco. According to them¸ they submitted applications to the Tobacco Board seeking permission to grow tobacco and to register their barns. It is stated that the applications were rejected vide proceedings, dated 14-10-2010. According to the petitioners, they have already grown the tobacco, by the time the applications were rejected. Their grievance is that the respondents did not frame any policy for the current year in terms of Rule 33-A of the Tobacco Board Rules 1976 and that the persons, similarly situated as the petitioners, were extended the benefit of selling tobacco grown by them on payment of penalty. 2. Heard the learned Counsel for the petitioners and the learned Standing Counsel for the respondents. 3. Rule 33 places an obligation on the Board to frame the policy year after year. During the previous crop year, the policy was framed, according to which the unauthorized growers of tobacco were permitted to sell the produce on payment of penalty at the rates stipulated by the Government of India. Due to certain administrative reasons, the policy was not framed in the current crop year. It is stated that in exercise of plenary powers, the Chairman of the Board has adopted the policy of the previous year for the current year also. 4. There is no denial of the fact that the petitioners have grown tobacco unauthorizedly. Similarly situated persons were extended the facility of selling the tobacco on payment of penalty. Since the policy for the previous crop year was adopted for the current year, the same facility can be extended to the petitioners. In case the Central Government has revised the rules of penalty for the current crop year, the petitioners shall be under obligation to pay the same. 6. Hence, the Writ Petition is disposed of directing that the respondents shall permit the petitioners to sell their produce on payment of penalty at the rates that may be stipulated by the Government of India. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J April 06, 2011 KTL