This court closed a writ petition challenging G.O.Ms.No.57 (2015) and notices regarding license renews, noting G.O.85 (2020) superseded the impugned order.
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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: 842 OF 2019
Between:
Guntur
Partner, Sri.Y.Srinivas S/o Sri.Rama Kotaiah aged about 52 years. Plot
NO.A5/184, Market yard, Guntur.
Koteswara Rao, S/o Sri.N.Chandra Mouli aged about 44 years. Plot
NO.B4/291, Market Yard, Guntur.
Partner.,Sri.K.Venkatappaiah, S/o K.Subbaiah , aged about 45 years.
Plot NO.D3/518, Market Yard, Guntur,
K.Sanjeeva Reddy, S/o K.Chikka Reddy aged about 41 years. Plot
NO.D3/517, Market yard, Guntur,
S/o Sri.Konda Reddy, aged about 60 years. Plot No.A4/128, Market
Yard, Guntur.
/ /
Reddy. S/o Sri.Konda Reddy, aged about 38 years. Plot No.A3/90
Market Yard, Guntur.
Plot NO.D4/541, Market Yard, Guntur
yard, Guntur. ^“^3/98, Market
K.Srinivasa Rao NOA3/87 M . 48 years, Plot iNO.Ad/87, Market yard, Guntur.
G.Srinivasa Rao, r Rep.by its Managing partner, S/o Koteswara Rao, ^ aged about 50
No.DI/471. Market yard > Guntur. years. Plot
Sri.K.Rami Reddy, S/o ^ Tirupathi Reddy aged about 40
NO.C5/443, Market yard, Guntur. years. Plot
Partner Sri.R.Maia Konda Reddy, S/o R.Anki Reddy . aged about 60 years. Plot N0.A6/190, Market Yard Guntur.
Rao, S/o Sri.Rama i Koteswara Rao, aged about 61
NO.A4/132. Market yard. Guntur. years. Plot
Reddy, S/o Chenna Reddy, aged about 54 years. Plot N0.DI/475,
Market yard, Guntur.
5
- M/s Sri Visala Traders, Rep.by its Prop.Sri.T.Chandra Bhaskara Rao, S/o Venkateswarlu, aged about 64 years, Plot No.B2/246,Market Yard, Guntur
...PETITIONERS
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 St operation (AM-Ill) Department dt.12-10-2015 issued by the 1 respondent and respective Notices dt.20-2-2018 issued by the 4‘^ 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
3
direct the 4'*' 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.CII719/2013 -18, CI00612, CII409/2013-18, CII001/2013-18 CII012/2013-18, CI0II96, CI0II57, CI00984, CI00617 CI0846/2013-18, CI0559/13-18 CI0429/13-18, CI01102, CI00638, C100610 and CI00694 respectively, without insisting upon the security conditions laid down in G.O.Ms. No57 dt.12-10-2015 and in terms of G.O.Ms.No.190 (Agriculture and Co-operation Mktg-ll) dt 06-41994.
lA NO: 1 OF 2071
Guntur, Guntur District.
...PETITIONERS
Sri.Subba Rao, aged about 42 years. Plot No.B2/256, Market Yard
Guntur
NO.A5/184, Market yard, Guntur.
t
K.Srinivasa Rao, S/o Seetha Rama Rao, aged about 48 years. Plot NO.A3/87, Market yard, Guntur.
5
...RESPONDENTS
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 vacate the interim order granted by theHon'bleCourtinI.ANo.1 of 2019 in Writ Petition No. 842 of 2019, thereby dismisstheWritPetition.
lA 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
3)
pleased to direct the 4 th 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 licence for the period 2018-23, from 01-42018 to 31-3-2023, bearing Nos. CII719/2013-18, CI00612, CII409/201318, CII001/2013-18, C11012/2013-18, C10I196, CI0II57, CI00984, CI00617, CI0846/2013-18, CI0559/13-18, CI0429/13-18, CI0II02,, CI00638, CI00610 and CI00694 respectively, without insisting upon the security conditions laid down in G.O.I/ls.No57, Agriculture & Co-operation (AM-Ill) Department dated 12-10-2015, by suspending the said G.O., issued by the 1 St respondent and respective Notices dt.20-02-2018 issued by the 4 th respondent.
Counsel for the Petitioners:SRI. K MADHAVA REDDY
Counsel for the Respondents R1 and R2: GP FOR AGRICULTURE (AP)
Counsel for the Respondents R3 and R4: SRI B PRAKASAM (SC FOR AMC)
The Court made the following: ORDER
APHC010018972019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3333]
WEDNESDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 842/2019
Between:
Sudheerr Traders and Others
...PETITIONER(S)
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.KMADHAVA REDDY
Counsel for the Respondent(S):
1.GP FOR AGRICULTURE (AP)
2.B PRAKASAM (Sr SC FOR AMO)
The Court made the following:
1
ORDER:
This petition is filed under Article 226 of the Constitution of India,
seeking the following relief:-
“...to issue an order or direction more particularly in the nature of Writ of Mandamus, declaring G.O.Ms.No.57 (AgrI. And Cooperation(AM-II)Department dt.12-10-2015 issued by the respondent and respectivenoticesdt.20-2-2018 issued by the 4^ respondent as illegal, arbitrary andunconstitutionalinviolationof Art. 14,19(1)(g) and 21 of the Constitution of Indiaandcontrarytotheprovisionsof A. P.(Agrl. Produce and Live Stock) Markets Act, 1966asamendedbyAct.14of 2015 and Market Rules 1969 as amended by G.O.Ms.No.38. AgrI. & Co-op. (Mktg.l) dated 10-5-2016 and consequently set asidethesaidG.O.Ms.No.57dt. 12-10-2015 and respective notices dt.20-2-2018 anddirectthe4^respondentto issue application and receive license fee with late fee and consider the applications for renewal of licenses of the petitionersU/s.7(1-B)ofMarketsAct, 1966, for the period 2018-2023 from 01-4-2018 to 31-3-2023bearinglicence NOS.CII719/2013-18 CI00612, CII409/2013-18, CII001/2013-18,CHOI2/2013-18, CI0II96, CI0II57, CI00984, CI00617, CI0846/2013-18,CI0559/13-18,CI0429/13- 18, CI01102. CI00638, CI00610 and Ci00694 respectively,withoutinsistingupon the security conditions laid down in G.O.Ms. No. 57,dt.12-10-2015andintermsof G.O.Ms.No.190 (Agriculture and Cooperation Mktg-ll), dt.06-4-1994 and pass such other order or orders..."
31.01.2019 this Court passed the At the stage of admission, on
following interim order:-
/
"...having regard to the fact that in similar matter in I.A.No.1 of 2018 in W.P. No. 18662 of 2018 this Court ordered the petitioners therein to give an undertaking that they would produce bank guaranteesinrespectoftheamounts specified in G.O.Ms.No.57, Agricultural and Cooperation (A.M.III) Department, dated 12.10.2015, this application is allowed grantinginterimdirectionasprayed for, subject to the petitioners giving an undertakingthattheywouldproducethe bank guarantee in respect of the amounts specifiedinsaidG.O.andthesame would be subject to result in the Writ Petition.”
2
- 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.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 closetheWritPetitionasno further orders are necessary in this case, which fact was also not denied by the learned counsel appearing for the petitioners.
As a sequel, miscellaneous petitions pending, if any,shallstandclosed.
//TRUE COPY//
Sd/- M SURYANADH REDDY DEPUTY REGISTRAR SECTION OFFICER
To,
GSC
HIGH COURT
DATED:19/06/2024
ORDER
WP.No.842 of 2019
ano;^
5 2 2 NOV 20?'. S
Curreni Ssciion B
CLOSING THE WP
WITHOUT COSTS
M/s Sudheer Traders
The State of AP
The Agricultural Market Committee, Guntur
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
