Mahadev Sitharam Cotton Mills (India) Pvt. Ltd. v. The Government Of India
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WR|T PETITION NO: '17101 OF 2011 Between:
1. Mahadev Sitharam Cotton Mills (lndia) Pr4. Ltd., 4-3-58/3D,. Basar Road, Bhansa, Adilabad District, Registered Office at # 4-1-896, 1'' Floor, Rama Towers, Tilak Road, Abids, Hyderabad, Rep. by its Director, Vishal Dhananiwala, S/o. Suresh Kumar.D, Rl/o. Bhainsa, Adilabad District.
2. Vishal Dhananiwala, S/o. Suresh Kumar D., aged about 26 years, Rl/o. Bhainsa, Adilabad District.
...PETITIONERS AND Government of lndia, Ministry of Commerce and lndustry, Rep. by its Principal Secretary, New Delhi.
Directorate General of Foreign Trade, Udyog Bhavan, New Delhi. Textile Commissioner, Post Bag No. 11500, Mumbai - 400 020. ...RESPONDENTS Petition under Artlcle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other writ, order or direction declaring the action of the respondents in issuing public Notice No. 55(RE-2010)2009'2014 dated 17-06-2011 specifying therein that the allocation of export registration would be made only for those persons who have exported cotton in the two previous cotton years and excluding persons who have exported cotton in the earlier part of the present current year 1-10-2010 to 30-9-201'1 as illegal, arbitrary, discriminatory and unconstitutional and set aside the said condition and consequently direct the respondents to permit all the persons who have exported cotton for the earlier part of the present cotton year 01-10-2010 to 30-09-20'1 1 to register themselves and
allot cotton to them pursuant to the Notification issued in Public Notice No. 55(RE2O1O)2O09-2O14 dated 17 -06-201 1. l.A. NO: 1 OF 201 1(WPM P. NO: 205 37 0F 2011) 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 issue interim directions directing the respondents to receive and process the applications from the exporters of cotton for the present cotton year 01-10-2010 to 30-9-201.1 for the purpose of registration and allocation for export of cotton pursuant to the Public Notice No. 55(RE-2010)2OOS-2O14 dated ',l 7-06-2011, pending the disposal of the writ petition.
l.A. NO: 2 OF 2011(WPMP. NO: 23427 0F 20111 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 issue interim directions directing the respondents to permit the petitioners to export 100 MT of cotton as sequestered and kept aside under the trade notice date 6.7.2O11, pending disposal of the writ petition.
Counsel for the Petitioners: SRI S.NIRANJAN REDDY Counsel for the Respondent No.1 & 2: SRI T.VENKAT RAJU GOUD, SC FOR CENTRAL GOVT The Court made the following: ORDER
HON'BLE MRS ]USTICE SUREPALLI NANDA WRIT PETITION No.171O1 ot 2OlL
ORDER
It is represented by learned counsel appearing on behalf of the respondents that the cause of action in the present writ petition does not survive for adjudication. 2.
Bringing the said submission on record, the present writ petition is dismissed as infructuous. However, there shall be no order as to costs.
Interim orders granted by this Court earlier on 21.06.2071 and 14.07.2011, stand vacated. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
I SD/- N.RAJAGOPAL ASSISTANT REGIST //TRUE COPYII SECTION OFFICER To,
1. One CC to SRI S.NIRANJAN REDDY, Advocate [OPUC]
2. One CC to SRI T.VENKAT RAJU GOUD, SC FOR CENTRAL GOVT [OPUC]
3. Two CD Copies BSR GJNT
HIGH COURT DATED: 2211112023 STAT a q (?
d 14 o'E[ 2023
ORDER
t i\t:1.:'1":'-..
WP.No.17101 of 2011 DISMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS r^r)- lP\ rX s'
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