High Court for State of TelanganaWP/7203/2009disposed of no costs

M/S.The Etikoppaka Co-Operative Agricultural And v. Union Of India., Rep By Its Secretary,Ministry Of Consumer

2015-09-18C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.7203 of 2009 Date: 18-09-2015 Between:

M/s. Etikoppaka Cooperative Agricultural and Industrial Society Limited, represented by its Managing Director .... Petitioner AND The Union of India, represented by its Secretary, Ministry of Consumer Affairs and Public Distribution, New Delhi and 2 others .... Respondents HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.7203 of 2009 ORDER:

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in applying Clause 4 of the Sugarcane (Control) Order, 1966 and Section 3 D of the Essential Commodities Act, 1955 to the entire sugar produced by the petitioner company as arbitrary and illegal and consequentially to declare the petitioner company to be entitled to sell its free sale surgar stocks manufactures during the season year 2008-2009 along with existing stocks. 2.

When the matter is taken up for hearing, the learned counsel for the petitioner placed on record the order dated 29-102009 in W.P.Nos.24852 of 2003 and batch and also the order dated 10-03-2008 in W.P.No.18228 of 2004 passed by this Court, wherein this Court directed the respondents therein not to take any

steps for prosecution of petitioner for sale of levy/free-sale sugar. It is to be noted that on 07-04-2009, this court granted interim direction permitting the petitioner to sell its free sale sugar stock manufactures during the sugar year 2008-2009 subject to clearing the dues payable to the farmers for the sugarcane crop of previous years and for the present crop.

Since the writ petitioner was allowed to sell its free sale sugar stock pursuant to the interim order, the writ petition is disposed of directing the respondents herein not to take any steps for prosecution of petitioner for sale of levy/free-sale sugar. It is needless to mention that the writ petitioner is always at liberty to approach this Court, if he is aggrieved by the action taken by the respondents. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

___________________ C. PRAVEEN KUMAR, J Date: 18-09-2015 Ksn