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2026 DAILYLAW 14095 (AP)

Pusuluri Sri Hari v. UNION OF INDIA

WP/33127/2025 · 2026-01-26

K Sreenivasa Reddy

body2026

Judgment text

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APHC010639752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 33127/2025 Between: 1. PUSULURI SRI HARI, S/O. PUSULURI BAPANNA, AGED 65 YEARS, R/O. D.NO.1-222B. NEAR BSNL OFFICE. BUTTIAGUDEM MANDAL, ELURU DISTRICT. 2. PUSULURI PARIPURNA,, W/O. PUSULURI SRIHARI, AGED 58 YEARS, R/O. D.NO.1-222B, NEAR BSNL OFFICE, BUTTIAGUDEM MANDAL, ELURU DISTRICT. 3. PUSULURI NAGAMANJU,, D/O. RAMBABU, AGED 33 YEARS, R/O. D.N0.1-22B, RAMALAYAM VEEDI, BUTTIAGUDEM MANDAL, ELURU DISTRICT. 4. TUMPATI RAVINDRA,, S/O. T SUBBARAO, AGED 40 YEARS, R/O. PLOT NO.38, PALAMPALLY VILLAS, NIZAMPET, MEDCHAL-MALKAJGIRI MANDAL, TELANGANA STATE. 5. KOPPULA SOMALAMMA,, W/O. RAJARAO, AGED 67 YEARS, R/O. D.NO.6-51, MAIN ROAD, JEELUGUMILLI, ROWTHUGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. 6. PICHHIKALA SATYANARAYANA,, S/O. P DHARMA RAO, AGED 58 YEARS, R/O. D. NO. 160-71, NEAR POST OFFICE, BUTTIAGUDEM MANDAL, ELURU DISTRICT. 7. PUSULURI RAMBABU,, S/O. P VASANTHA RAO, AGED 57 YEARS, R/O. MAIN ROAD, REDDYGANAPVARAM VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. UNION OF INDIA, MINISTRY OF COMMERCE, REPRESENTED BY ITS. SECRETARY, NEW DELHI. 2. THE TOBOCCO BOARD, REPRESENTED BY EXECUTIVE DIRECTOR, G.T. ROAD, GUNTUR. SRK, J W.P.No.33127 of 2025 2 3. THE PRODUCTION MANAGER, TOBACCO BOARD, G.T. ROAD, GUNTUR. 4. THE ACUTION SUPERTENDENT, FLAT FROM NO. 18, JANGAREDDYGUDEM, ELURU DISTRICT. 5. THE ACUTION SUPERTENDENT, FLAT FROM NO.32, JANGAREDDYGUDEM ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue order direction more particularly one in the nature of Writ of MANDAMUS declare the action of the respondents in insisting the petitioners for obtaining NOC from the bank for renuvel of the Tobacco Licence illegal arbitrary and contrary to the provision of Tobacco Board Act. 1975 and consequently direct the respondents to renuew the Tobacco licence without insisting the NOC from the schedule bank and pass such IA NO: 1 OF 2025 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 may be pleased to direct the respondents to consider the case of the Petitioners for renuewal of the Tobacco licence for the crop year 2025 and 2026 without insisting the NOC from the schedule bank pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) The Court made the following: SRK, J W.P.No.33127 of 2025 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.33127 of 2025 ORDER: This Writ Petition has been filed seeking to declare the action of respondents in insisting the petitioners for obtaining NOC from the bank for renewal of the Tobacco Licence as illegal, arbitrary, contrary to the provisions of the Tobacco Board Act, 1975 and consequently direct the respondents to renew the Tobacco Licence without insisting the NOC from the schedule bank. 2. Heard learned counsel for petitioners and learned Standing Counsel appearing for respondents 2 to 5. 3. Case of the petitioners is that the petitioners are the Virginia Tobacco Licence holders for raising Virginia Tobacco (FCA) and also possess licence for Tobacco barren. Every year the petitioners’ licences were being renewed from time to time as per the Tobacco policy framed by the Tobacco Board. Their licences were renewed up to crop year 2024 and 2025. This year, the Tobacco Board issued Circular in F.No.1 (1)2025- 26PDN, dated 22.10.2025 for extension of time for registration as well as renewal of Virginia tobacco Licenses. As per the said Circular last date for receipt of application with normal fees is SRK, J W.P.No.33127 of 2025 4 24.11.2025 and with late fee of Rs.100/- is up to 10.12.2025 and with late fee of Rs.400/-, it is up to 27.12.2025. Further, the auction Superintendents were directed to receive applications from FCA Tobacco Growers for the crop season 2025-2026. 4. Learned counsel for the petitioners submits that, on earlier occasion, the respondent Board insisted the Tobacco Growers to submit the NOC along with renewal application from the banks. The said condition was challenged by one of the Tobacco Growers before this Court by way of filing W.P.No.19191 of 2022. In the said Writ Petition, Tobacco Board filed a counter stating that the Board is not insisting bank NOC letter for renewal of Barren Registration applicants. Accordingly, for the crop season 2022-23, licenses were renewed. But, again, this year the respondent Board is insisting NOC for renewal of licenses for Tobacco Grower. Hence, the Writ Petition. 5. The learned Standing Counsel appearing for the respondents, on written instructions, submits that a decision was taken to accord conditional registration to those growers who filed applications on or before the last date i.e. 05.01.2026, for leasing out of barns without submission of the required NOC from the concerned banks during the 2025-26 crop season, subject to SRK, J W.P.No.33127 of 2025 5 clearance of their outstanding FCV Tobacco crop loan dues by the next crop season, considering the difficulties being faced by the growers and accordingly, instructions were issued to all the Auction Superintendents vide Circular No.1(1)2025-26/PDN, dated 10.01.2026 to renew the registration of growers who filed applications on or before 05.01.2026 for leasing out of barns without submission of the required NOC from the concerned banks during the 2025-26 crop season and to complete the renewal process on or before 30.01.2026, subject to fulfilment of all other prescribed criteria for registration. A copy of the said Circular dated 10.01.2026 issued by 3rd respondent is produced before this Court. 6. Recording the said submission made by the learned counsel for the respondents and placing the aforesaid circular on record, the Writ Petition is disposed of. No order as to costs. 7. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 27.01.2026 sj SRK, J W.P.No.33127 of 2025 6 248 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.33127 of 2025 Date: 27.01.2026 sj