M/S. Sri Ambika Agro Industries, v. Govt. Of A.P. Rep By Its Commissioner And Director Of Sugar

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.1719 OF 2007 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the Letter No.B/816/98 dt.4-1-2007 issued by the 4th respondent to the 3rd respondent proposing to auction the land admeasuring Ac.20.28 guntas situated in Sy.Nos.427/E, 430, 431/A1, 431/AA2 situated in Wariganttam Village, Kulcharam Mandal, Medak District, belonging to the petitioner firm on 2-2-2007 as being illegal, arbitrary, contrary to principles of natural justice and also violative of Articles 14 and 300-A of the Constitution of India and set aside the same and consequently stay all further proceedings pursuant to the said letter including the auction on 2-2-2007 of the property belonging to the petitioner firm and pass such other order or orders as may deem fit and proper in the circumstances of the case."

2.

After arguing for sometime, Sri P.Venugopal, learned Senior Counsel appearing for the petitioner, informed that the Government issued a fresh memo vide Memo No.1051/IE,SUGAR&IFR/2017-2, dated 16.08.2017, and basing on the said memo, the petitioner intends to make a fresh representation to the authorities concerned and hence, prays to direct the authorities to consider the said representation and pass appropriate orders on the basis of the aforesaid memo. 3.

From a perusal of the material available on record, it is evident that the petitioner has already deposited an amount of

Rs.15,00,000/- with respondent No.2.

Considering the facts and circumstances of the case and taking into consideration the submission of the learned counsel for the petitioner, the petitioner is permitted to make a representation to the authorities concerned by placing reliance on the Memo No.1051/IE,SUGAR&IFR/2017-2, dated 16.08.2017, within a period of one month from the date of receipt of a copy of this order and on such representation being made, the authorities concerned shall dispose of the same in accordance with the Memo, dated 16.08.2017. Till disposal of the said representation, the interim order, dated 01.02.2007, passed in W.P.M.P.No.2165 of 2007 and the interim order, dated 19.10.2016, passed in W.P.M.P.No.16634 of 2016 shall continue. 4.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date: 19.09.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.1719 OF 2007 Date: 19.09.2017 AMD