Mogaparthi Sombabu, v. The Tobacco Board, Guntur, Rep. By Its Secretary,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.19289 of 2013 ORDER:

The very prayer in the writ petition maintained by six petitioners against the Tobacco Board, Guntur and the Auction Superintendent of the Tobacco Board, Gopalapuram, West Godavari District, is so called refusal to renew the registration of Virginia Tobacco Grower license in favour of the petitioners for the crop season 20122013, as illegal and contrary to the provisions of the Constitution of India and the Tobacco Act and to set aside the order dated 28.02.2013 with consequent order dated 11.06.2013 and consequently for a direction to renew the Growers License for 20122013.

Undisputedly, the relief in the writ petition is infructuous, and nothing survives to continue as also held in this regard, though under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Apex Court in Sarvesh Bhansal v. Union of India[1]. It is the submission of the petitioners that there is a C.B.I. enquiry pending against them and also against some officers of the Banks for the alleged fake documents of title relating to the property on which loans availed to raise the crop for which permission to renew registration was applied. Even from said submission it is a different subject not directly connected to the entitlement to renewal or not. Thus, without prejudice to such defence, if any available to such of the accused in the C.B.I.

proceedings, the writ petition can be dismissed as the relief became infructuous.

Accordingly, the Writ Petition is dismissed as infructuous. There is no order as to costs.

Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:29-04-2016 pab [1] 2015(13) SCC 433