Petitioners challenged G.O.Ms.No.57 dated 12.10.2015 and sought renewal of licences without security conditions. The Court closed the petition as the impugned G.O. was subsequently modified by G.O.Ms.No.85 dated 06.11.2020.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^
(Special Original Jurisdiction) X
THURSDAY. THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 11530 OF 2019
Between:
...PETITIONER’S
X
AND
X 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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the G.O.Ms.No.57 Agriculture and Cooperation (AM-Ill) Department, dated 12.10.2015 issued by the 1 St respondent as illegal, arbitrary and unconstitutional in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisionsoftheA.P.Agricultural Produce 86 Livestock) Markets, 1966 as amended by Act 14/2015 and Market Rules, 1969 and consequently set-aside the saidtheGOanddirect the 4^'^ respondent to receive and consider the applicationforrenewalof licences of the petitioners, bearing No. Cl 0166/2013-18,Cl00614/2013- 18 and Cl 01228/2013-18 respectively under Section 7(1-B) of the Act, for laid tee period 2018-2023, without insisting upon the securityconditions down in G.O.Ms.No.57 dated 12.10.2015. IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4'^ respondent to issue applicationstothepetitioners for submission of renewal of their Licences bearingNo.Cl0166/2013-18, Cl 00614/2013-18 and Cl 01228/2013-18 respectively for the period 201823, receive and consider the same, without insisting upon the security conditions laid down in G.O.Ms.No.57 dated 12.10.2015, pending disposal of the writ petition.
Counsel for the Petitioner’s :SRI. G VENKATA REDDY Counsel for the Respondent No’s. 1 to 3: GP FOR AGRICULTURE Counsel for the Respondent No’s. 4 & 5: SRI B PRAKASAM,Sr.SCFOR ^ AMC
The Court made the following ORDER:
APHC010256212019
[3333]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 11530/2019
Between:
M/s. Sri Padmavathi Chillies Traders and Others
...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner{S):
1.G VENKATA REDDY
Counsel for the Respondent(S):
The Court made the following:
V.SUJATHA,J
1
ORDER:
This petition is filed under Article 226 of the Constitution of India,
seeking the following relief;-
“...to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the G O.Ms.No.57 Agriculture and Cooperation (AM-Ill) Department, dated 12.10.2015 Issued by the f respondent as illegal, arbitrary andunconstitutionalin violation of Articles 14, 19(1)(g) and 21 of the ConstitutionofIndiaand contrary to the provisions of the A.P. Agricultural Produce & Livestock) Markets, 1966 as amended by Act 14/2015 and Market Rules, 1969 and consequently set-aside the said G.O. and direct the 4"’ respondent to receive and consider the application for renewal oflicences of the petitioners, bearing No. Cl 0166/2013-18, Cl 00614/2013-18and Cl 01228/2013-18 respectively under Section 7(1-B) of the Act, for the period 2018-2023, without insisting upon the securityconditions laid down in G.C.Ms.No.57 dated 12.10.2015."
At the stage of admission, on 19.08.2019 this Court passed the
following interim order;-
- Today when the matter is came up for hearing, Sri. B.Prakasam, learned Standing Counsel for Agricultural Market Committee has brought to
•*
2
the notice of this Court that the present Writ Petition is filed challenging the G.O Ms.No,57, Agriculture and Co-operation (AM-IM) Department dated 12.10.2015 and pending the Writ Petition, the said G.O was modified through G.O.Ms.No.85, Agriculture and Co-operation (Mktg.ll) Department dated 06.11.2020 and thereby requested this Court to close the Writ Petition as no further orders are necessary in this case, which fact was also not denied by the learned counsel appearing for the petitioners.
- In view of the above facts and circumstances, this Writ Petition ISi closed. However, it is open to the petitioners to challenge the G.O.Ms.No.85, Agriculture and Co-operation (Mktg.ll) Department, dated 06.11.2020, if they are so advised. No order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// /A
To
SECTION FICER
[OUT]
PRK
HIGH COURT
DATED:20/06/2024
ORDER
WP.No.11530 of 2019
CLOSING THE WP, WITHOUT COSTS
2 provisions across 2 enactments
M/s. Sri Padmavathi Chillies Traders and Others
The State Of Andhra Pradesh and Others
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.Sujatha
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