In the counter affidavit filed on behalf of the Tobacco Board, it is stated that during the crop season 2008-2009, the Board has taken a policy decision not to renew registration of the registered growers who or whose family members have constructed barns unauthorizedly in violation of the provisions of the Tobacco Board Act, 1975 and the Rules made thereunder, during the previous crop years and are operating the same resulting in unauthorized and excess Tobacco production. In terms of the said policy, when the Board refused to grant renewal of registration to the petitioners and several other growers similarly situated, they made representations and having considered the same, the Board took a decision to renew the registration on the undertaking being given by the growers that either they or their family members will not operate or cure Tobacco in the barns constructed by them unauthorizedly. The petitioners herein also submitted such undertakings on 22-10-2008 and basing on the same, the petitioners were granted renewal of registration. However, it was found that the petitioners operated unauthorized barns in utter disregard to the undertakings given by them. In the circumstances, show cause notices dated 11-04-2009 were issued calling upon the petitioners to explain as to why their registration should not be cancelled. Pending final decision in the matter, the Board permitted sale of Tobacco on payment of penalty of Re.1/- per kg and 5 % on the value of the Tobacco. Challenging the said action, the petitioners filed W.P.No.9972 of 2009. In compliance with the interim orders in the said writ petition, the petitioners were permitted to sell their Tobacco at auction platform on
