Disposed

M/s Neelima Chillies Traders and 8 others v. The State of Andhra Pradesh and 3 others

Andhra Pradesh HC18 Jun 2024WP/1189/2019

Case brief

AI extract

What is this about?

Chilli traders challenged a 2015 government order imposing security conditions for renewal of market yard licences in Guntur. As the order had been superseded by a later government order during the proceedings, the court closed the writ petition, leaving petitioners free to challenge the new order.

What the court decided

AI extract

M/s Neelima Chillies Traders and 8 others Vs The… — Landlord and Tenant | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE NINETEENTH DAY OF JUNE

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1189 OF 2019

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Between:

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M/s Neelima Chillies Traders and 8 others, rep. by its Prop.Sri.V.Chandra Sekhar, S/o Sri,V.Ramanaiah, aged about 57 years. Plot No.B3/275, Market Yard, Guntur.

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M/s Lakshmi Durga Chillies Traders, Rep.by its Managing Partner, Sri S.Leela Prasad, S/o Sri.Venkateswarlu, aged about 42 years, Plot No.BI/219, Market yard, Guntur.

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M/s Mittapally Narayana Swamy, rep.by its Managing Partner M.Lakshmi Srinivas, S/o Sri.M.Koteswara Rao, aged about 32 years. Plot NO.D2/511, Market Yard, Guntur.

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M/s Sri Anjaneya Traders, rep.by its Managing Partner, Sri.N.Siva Sankar Rao, S/o Sri.N.Malleswara Rao, aged about 40 years. Plot NO.D4/537, Market Yard, Guntur,

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M/s Sri Hanumath Suvarchala Chillies Traders, rep.by its Managing Partner K.Venkateswarlu, S/o K.Sambaiah, aged about 38 years. Plot N0.EI/573, Market yard, Guntur

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M/s Lakshmi Chillies Exports, Rep.by its Managing Partner,Sri.T.Venkateswara Rao, S/o Sri.T.Venkata Subbaiah, aged about 42 years. Plot No.C5/460, Market Yard, Guntur.

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M/s Kotturi Appaiah and Sons Co., Rep.by its Managing Partner, Sri.V.Srinivasa Rao S/o Sri. Venkata Swamy, aged about 44 years. Plot NO.A4/140, Market Yard, Guntur.

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; 8. M/s Nagam Sambasiva Rao, Rep.by its Prop.Sri.N.Sambasiva^Rao,S/o Sri.N.Appa Rao, aged about 41 years. Plot No.A4/118,^MarketYard, Guntur.

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M/s Sri Venkatadri Traders, Rep.by its Managing Partner I.Govindarajulu, S/o Late Sri.I.Subbaiah, aged about 60 years. Plot NO.D2/512, Market yard, Guntur

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh and 3 others. Rep.by its Principal Secretary, Agricultural and Co-Operation Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist.

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The Commissioner and Director of Agricultural Marketing,^MirchMarket Yard (Old), Guntur, Guntur Dist.

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The Person-in-charge/Chairman, (Joint Collector, Guntur) The Agricultural Market Committee, Guntur, Guntur District.

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The Agricultural Market Committee, Guntur, rep.by its^{SelectionGrade} Secretary Guntur, Guntur District.

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...RESPONDENTS

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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^{inthenatureof} WRIT OF MANDAMUS declaring G.O.Ms.No.57(Agriculture And Co-operation (AM-Ill) Department dt.12-10-2015 issued by the 151

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respondent and respective Notices dt.20-2-2018 issued by the 4 th 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,1.969, as amended by G.O.Ms.No.38, AgrI.and 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. C101195, C10816/13-18, C100651, C1098112013-18, CI880/13-18, CI0423/2013-18, CI00663 and Cl0956/13-18 respectively, without insisting upon the security conditions laid down in 57 dt.12-10-2015^and in terms of G.O.Ms.No.190 (Agriculture and Co-operation G.O.Ms.No Mkg t-ll) dt.06-41994.

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4*'^ respondent to issue applications 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,^{from01-4-2018to} 31-3-2023, bearing Nos.CI01195, CI0816/13-18, CI0954/13-18, C100651, C10981/2013-18, C10880/13-18, C10423/2013-18, C100663 and Cl0956/13-18 respectively, without insisting upon the security conditions laid down in G.O.Ms.No57, Agriculture & Co-operation (AM-Ill) Department dated 12-10-2015, by suspending the said 0.0., issued by the 1 St , respondent and respective Notices dt.20-02-2018 issued by the 4th respondent.

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Counsel for the Petitioner(s):SRI. K MADHAVA REDDY

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Counsel for the Respondents: GP FOR AGRICULTURE (AP)

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The Court made the following:

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APHC010025952019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3333]

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WEDNESDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1189/2019

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Between:

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M/s Neelima Chillies Traders And 8 Others and Others ...PETITIONER(S) AND

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The State Of Andhra Pradesh And 3 Others and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.KMADHAVA REDDY

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Counsel for the Respondent(S):

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1 .GP FOR AGRICULTURE (AP)

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2..B PRAKASAM (Sr SC FOR AMO)

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The Court made the following:

ORDtER:

This petition is filed under Article 226 of the Constitution of India,

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seeking the following relief:-

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...to issue an order or direction more particularly^{inthenatureofWRITOF} MANDAMUS declaring G.O.Ms.No.57 (Agriculture And Co-operatiion (AM-Ill) Department dt.12-10-2015 issued by the respondent and^{respectiveNotices} dt. 20-2-2018 issued by the 4th respondent as illegal,^{arbitraryandunconstitutional} in violation of Art,14, 19(1)(g) and 21 of the Constitution^{ofIndiaandcontraryto} the provisions of A.p.(Agricultural Produce & Live^{Stock)MarketsAct,1966as} by amended by Act.14 of 2015 and Market Rules, 1969, as amended G.O.Ms.No.57 dated 12-10-2015 and respective Notices^{dt.20-2-2018anddirect} the 4"’ respondent to issue application and receive^{licencefeewithlatefeeand} consider the applications for renewal of respective^licences of the petitioners U/s.7(1-B) of Markets Act, 1966, for the period of^{2018-23,from01-4-2018to31-} 3-2023 , bearing licence Nos.CI01195, CI0816/13-18, CI0954/13-18, CI00651, CI0981/2013-18, CI0880/13-18, CI0423/2013-18, CI00663 and CI0956/13-18 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-ll) dt.06-4-1994 and pass such other^{orderororders...}

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06.02.2019 this Court passed the At the stage of admission, on

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following interim order:-

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“...having regard to the fact that in similar matter^{inI.A.No.1of2018} in W.P.No.18662 of 2018 this Court ordered the petitioners^thereinto ] j give an undertaking that they would produce bank guarantees in respect of the amounts specified in G.O.Ms.No.57, Agricultural and Cooperation (A.M.III) Department, dated 12.10.2015,^{thisapplicationis} allowed granting interim direction as prayed for, subject to the petitioners giving an undertaking that they would produce the bank guarantee in respect of the amounts specified in said^G.O.andthe same would be subject to result in the Writ Petition.”

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Today when the matter is came up for hearing, Sri. B. Prakasam, learned Standing Counsel for Agricultural Market Committee has brought to the notice of this Court that the present Writ Petition is filed challenging the G.C).Ms.No.57, Agriculture and Co-operation (AM-Ill) Department dated 12.10.2015 and pending the Writ Petition, the said G.O. was modified through G.C).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.

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In view of the above facts and circumstances, this Writ Petition is closed. However, it is open to the petitioners to challenge^{theG.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.

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As a sequel, miscellaneous petitions pending, if any,^{shallstandclosed.}

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To,

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SD/- P. VINOD KUMAR //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER

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The State of Andhra Pradesh and 3 others, Rep.by its Principal Secretary, Agricultural and Co-Operation Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist.

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