Writ petition challenged G.O.Ms.No.57 dated 12.10.2015 prescribing security conditions for renewal of market committee licenses under the A.P. Markets Act. The impugned G.O. was modified by G.O.Ms.No.85 dated 06.11.2020 during pendency; the writ petition was closed as no further orders were necessary.
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 :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3119 OF 2020
Between:
...PETITIONER(S)
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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring G.O.Ms.No. 57 Agriculture and Cooperation (AM-Ill) Department, dated12.10.2015issued by the 1st 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 provisions of the A.P. Agricultural Produce and Livestock) Markets,
1966 as amended by Act 14/2015 and Market Rules, 1969 and consequently set-aside the said GO and direct the 4th respondent to of the receive and consider the applications for renewal of license petitioners under Section 7(1-B) Markets Act, for theperiod2018-2023, without insisting upon the security conditions laiddown in G.O.Ms.No.57 dated 12.10.2015.
lA NO: 1 OF 2021
...Petitioners/Respondents 4 and 5
AND
...Respondents/Writ Petitioners
...Respondents/Respondents
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt 12-03-2020 grantedbytheHon'ble Court in I.A No.1 of 2020 in Writ Petition No. 3119 of 2020, thereby dismiss the Writ Petition.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe direct the 4th respondent to renew the licenses of the pleased to petitioners, without insisting upon the security conditions laid down in G.O.Ms.No.57 dated 12.10.2015, pending disposal ofthewritpetition.
Counsel for the Petitioner(s):SRI. CHINTHA ANIL BABU
Counsel for the Respondents: GP FOR AGRICULTURE
The Court made the following: ORDER
APHC010051132020
[3333]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3119/2020
Between:
M/s. Bhagya Lakshmi Chillies Commission Agencies, and Others
...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.CHINTHAANIL BABU
Counsel for the Respondent(S):
1.GP FOR AGRICULTURE (AP)
The Court made the following:
I 4
ORDER:
This petition is filed under Article 226 of the Constitution of India,
seeking the following relief;-
“...to issue Writ or order or direction more particularlyinthenatureofWritof Mandamus declaring G.O.Ms. No.57 (Agriculture and Co-operation (AM-Ill) Department dt. 12.10.2015 issued by the respondent as illegal, arbitrary and unconstitutional in violation of Art. 14, 19 (1) (g)and21oftheConstitutionof India and contrary to the provisions of A. P. (AgriculturalProduceand Live Stock) Markets Act, 1966 as amended by Act 14 of 2015andMarketRules1969 and consequently set aside the said G. O, and direct the 4"' respondent to receive and consider the applications for renewal of licenses of the petitioners Under Section 7(1-B) of Markets Act 1966, for the period2018-2023, without insisting upon the security conditions laid down in G.O.Ms.No.57 dated 12.10.2015..."
- This Court, on 12.03.2020 this Court passed the following interim
order;-
“... Hence, there should be an interim order in thisWritPetitionalsoas prayed for subject to the petitioners giving an undertakingthattheywould produce bank guarantee in respect of the amounts specified In G.O.Ms.No.57, Agricultural and Cooperation (A.M.III) Department, dated 12.10.2015 and the same would be subject to the resultoftheWritPetition.” 3. Today when the matter is came up for hearing, Sri. B. Prakasam, learned Standing Counsel for Agricultural Market Committeehasbroughtto the notice of this Court that the present Writ Petitionisfiledchallengingthe G.O.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.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.
To,
As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/. SHAIK MOHD. RAFI assistant registrar //TRUE COPY// SECTION OFFICER
MA
HIGH COURT
DATED:19/06/2024
ORDER
WP.No.3119 of 2020
%
X \ 1 DEC M
^ . Currenl Section
CLOSING THE WP
WITHOUT COSTS
1 issue framed by the court
Whether G.O.Ms.No.57 dated 12.10.2015 imposing security conditions for license renewal was illegal and unconstitutional.
6 provisions across 5 enactments
M/s. Bhagya Lakshmi Chillies Commission Agencies, rep. by its Partner Katikala Srinivasa Rao
M/s. Ramesh Traders, rep. by its Prop. V.Raga Priya
The State of Andhra Pradesh, rep by its Principal Secretary, Agriculture and Marketing Department
The Commissioner and Director of Agricultural and Marketing, Government of Andhra Pradesh
The Regional Joint Director, Agriculture and Marketing Department, Vijayawada
The Agricultural Market Committee, Guntur
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
