The High Court disposed of a writ petition challenging security conditions imposed by G.O.Ms.No.57 for market license renewal, ruling the matter based on prior judicial orders.
Writ petition dismissed based on prior orders; other miscellaneous petitions closed.
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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 11168 OF 2019
Between:
AND
...RESPONDENTS
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 to issue an order or direction more particularly in the nature of WRIT OF MANDAMUS declaring G.O.Ms.No.57, Agriculture And Co-operation (AM-III) Department, dt.12-10-2015 issued by the 1St respondent and respective Notices dt.20-2-2018 issued by the 4th respondent as illegal, arbitrary and unconstitutional in violation of Art.14, 19(1)(g) and 21 of the Constitution of India •and contrary to the provisions of A.P.(Agricultural Produce and Live Stock) Markets Act,1966 as amended by Act.14 of 2015 and Market Rules,1969, as amended by G.O.Ms.No.38, Agrl. & Co-op(Mktg.l) dated 10-5-2016 and consequently set aside the said G.O.Ms.No.57 dated 12-10-2015 and respective Notices dt.20-2-2018 and direct the 4th respondent to issue application and receive licence fee with late fee and consider the applications for renewal of respective licences of the petitioners U/s7(1-B) of Markets Act,1966, for the period 2018-23, from 01-4-2018 to 31-3-2023, bearing licence Nos.C11649/201318, 011275/2013-18 and 012088/2013-18 respectively, without insisting upon the security conditions laid down in G.O.Ms.No.57 dt.12-10-2015 and in terms of G.O.Ms.No.190 (Agriculture & Co-operation Mktg-II) dt.06-4-1994.
IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4t" respondent to issue application in Form-5C and receive licence fee with late fee from the respective petitioners in the process of renewal of respective licences for the period 2018-23, from 01-4-2018 to 31-3-2023, bearing Nos.C11649/2013-18, 01275/2013-18 and C12088/2013-18 respectively, without insisting upon the security conditions laid down in G.O.Ms.No57, Agriculture & Co-operation (AM-III) Department dated 12-10-2015, by suspending the said G.O., issued by the 1St respondent and respective Notices dt.20-02-2018 issued by the 4t" respondent.
IA NO: 1 OF 2021
Between:
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the Writ petition, the High Court may be pleased to vacate the interim order dt 14-08-2019 granted by the Hon'ble Court in I.A.No.1 of 2019 in Writ Petition No.11168 of 2019 and thereby dismiss the Writ Petition.
Counsel for the Petitioners: SRI K. MADHAVA REDDY Counsel for the Respondents 1 & 2: GP FOR AGRICULTURE Counsel for the Respondents 3 & 4: SRI B. PRAKASAM, SC FOR AMC
The Court made the following: ORDER
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.11168 of 2019
ORDER:
This writ petition is filed challenging G.O.M.S.No.57 of Agriculture and Co-operation (AM-III) Department, dated 12.10.2015 issued by the 1St respondent as illegal, arbitrary and contrary to the provisions of Andhra Pradesh Agricultural Produce and Live Stock Markets Act, 1966.
When the writ petition came up for admission, the following
interim order is passed on 14.08.2019:-
"Learned counsel for the petitioner submits that basing on the undertaking given pursuant to the interim order passed by this Court, nearly in 200 writ petitions of similar nature the respondents are granting licence/renewing licence on the petitioners' furnishing an undertaking that they would produce a Bank guarantee which would depend upon the result of the writ petition.
In view of the fact that both the petitioner and respondent have understood the order in this way and in view of large number of orders passed, this Court is of the opinion that no further orders are necessary at this stage. Learned Government Pleader submits that this writ petition also be listed for hearing in its usual course, list for hearing in usual course.
There shall be interim order as prayed for."
Learned Standing Counsel appearing for the Agriculture Market Committee submits that the subject matter in this writ petition is squarely covered by the orders passed in W.P.No.9395 of 2019 dated 18.08.2020 and therefore this writ petition may be disposed of accordingly.
In view of the submissions made by the learned Standing Counsel for Agricultural Market Committee, this writ petition is disposed of in terms of the orders passed in W.P.No.9395 of 2019 dated 18.08.2020. There shall be no order as to costs.
Registry is directed to enclose a copy of the order passed in
W.P.No.9395 of 2019 dated 18.08.2020, to this order.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
SD!- K.J. RAJA BABU ASSISTANT REGISTRAR
//TRUE COPY!!
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HIGH COURT
DATED:03/02/2022
ORDER
WP.No.11168 of 2019
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02 NOV 2023
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DISPOSING THE WP
WITHOUT COSTS
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.9395 of 2019
Order:
This Writ Petition is filed questioning G.O.Ms.No.57, Agriculture and Cooperation (AM.II) Department, dated 12.10.2015 issued by the 1 5t respondent as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 (for short 'the Act') as amended by Act 14 of 2015 and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and a consequential direction was sought to receive and consider the applications of the petitioners for renewal of licenses under Section 7 (1-B) of the Act for the period 2018-2023, without insisting upon the security conditions laid down in G.O.Ms.No.57, dated 12.10.2015.
This Court, on 18.07.2019, while ordering notice before admission, passed the following interim order.
"Considering the submissions of the learned counsel and following the aforesaid orders, there shall be interim direction as prayed for, subject to the petitioners giving an undertaking that they would produce bank guarantee in respect of the amounts specified in G.O.Ms.No.57, Agricultural and Cooperation (AM.III) Department, dated 12.10.2015, and the same would be subject to the result of the Writ Petition."
Heard learned counsel for the petitioners, learned Government Pleader for Agriculture for respondents 1 to 3 and learned Standing Counsel Sri B. Prakasam appearing for respondents 4 and 5.
Today, when the matter is taken up for hearing, learned Government Pleader submits that the impugned G.O.Ms.No.57, Agriculture
2
and Cooperation (AM.II) Department, dated 12.10.2015, which is under challenge in the present Writ Petition, is modified through G.O.Ms.No.85, Agriculture and Cooperation (Mktg.II) Department, dated 06.11.2020, and hence, no further orders are necessary in the Writ petition.
In view of the facts and circumstances of the case, the Writ Petition is closed. However, it is open to the petitioners to challenge G.0.Ms.No.85, Agriculture and Cooperation (Mktg.II) Department, dated 06.11.2020, if they are so advised. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.
KONGARA VI]AYA LAKSHMI, ]
Date: 18.08.2021 Nsr
2 issues framed by the court
Whether G.O.Ms.No.57 dated 12-10-2015 and subsequent notices are illegal and contrary to the Markets Act.
Whether a writ of mandamus should be issued to direct consideration of license renewal applications without security conditions.
2 provisions across 2 enactments
M/s Amaranath Chillies Traders
M/s Vijaya Kumar Traders
M/s Vijaya & Company
The State of Andhra Pradesh
Commissioner and Director of Agricultural Marketing
The Agricultural Market Committee, Guntur
Justice Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
