The PIL seeking a writ of mandamus for implementing GUR Order guidelines regarding jaggery procurement was dismissed as withdrawn by the petitioner with liberty to file a fresh petition if needed.
Liberty to file a fresh writ petition in future in case need so arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
PUBLIC INTEREST LITIGATION(OLD) NO: 79 OF 2015
Between:
Swamy S.B. Das, S/o. Late. Dr. T.R. Chary, Aged 74years,Ri,/o. H.No. 10-22891121 , Shanthi Nagar, Masab Tank, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not taking effective steps for implementing the GUR (Regulation of use) Order, 1968 and further in not procuring the blackjaggery directlyfrom the farmers in terms of guidelines issued under G.O.Ms.No. 87 dated 16.2.2012 and G.O.Ms.No. 403 dated 03.12.2014 as illegal, arbitrary, contrary to the GUR. Regulation Order and in violation of Article 14 of the Constitution of lndia and consequently direct the respondents herein to procure entire blackjaggery from the farmers in terms of
guidelines issued under G.O.Ms.No. 87 dated 16.2.2012 and G.O.Ms.No. 403 dated 03.12.2014 in orderto prevent its diversion to illicit distillation.
l.A. NO: 1 Oj-,l.01_s_(llLMP. NO: 1'11 oF 201s)
Petition under:Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased DIRECT the respondents herein toprocure Jaggery blackjaggery directly from farmers for crop season of 2014-15 in terms ofguidelines issued under G.O.Ms.No.87 dated 161212012 GO Ms.Nc.403, daled 311212014 to prevent diversion of blackjaggery for the purposes of illicit distillation of liquor as per the provisions of Gur Regulation and use order|968.
Counsel for the Petitioner:SRl. T BALA MOHAN REDDY
Counsel for the Respondent Nos. 1, 6 & 7: GP FOR REVENUE
Counsel forthe Respondent No.2: GP FOR FINANCE & PLANNING
Counsel for the Respondent No. 3: GP FOR PROHIBITION & EXCISE
Counsel forthe Respondent No.4: SRl. P DURGA PRASAD
Counsel for the Respondent No. 5: SRI.A SANTOSH KUMAR
The Court made the following:
THE HON'BLE THE CHIEF'JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
PUBLIC INTERBST LITIGATION NO.79 Oh 2015
ORDER; leer rrc aon btethe ctuelJusncesatish Crand.a strr,ma)
Learned counsel for the petitionerprays for withdrawal of the present public interest litigationwith alibertyto file a fresh writ petition, in case need so arises infuture.
With the aforesaid liberty,the pubtic interest litigation is
dismissed as withdrawn.
Pending miscellaneousapplications,if any, shall stand
closed. Thereshallbe no orderas to costs'
SD/.T.KRISHNA KUMAR DEPUw GISTRAR
\
To,
//TRUE COPY//
td),
SECTIO FFIcE R
PM \ N- BS
HIGHCOUI?T
DATED:30/03/2022
4 nnl
2['n.
ORDER
PlL.No.79 of 2015
Dismissing the P!L as withdrawn wihtout costs.
@-1
Swamy S.B. Das
State of Andhra Pradesh
Department of Finance, The State of A.P.
Commissioner, Prohibition and Excise
A.P. MARKFED
A.P. Beverages Corporation Limited
Satish Chandra Sharma
Abhindan Kumar Shavili
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
