J Umesh Goud Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

J Umesh Goud Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of at the admission stage without adjudicating merits: Respondent No.5 (Agriculture Marketing Committee, Adoni) directed to consider the petitioners' renewal application for licence FMC/ADN/Renewal/334, 2018-2023 and pass a speaking order in accordance with law within four weeks, communicating the order to the petitioners forthwith; petitioners directed to deliver a copy of the order and photocopy of the application to Respondent No.5 within one week; interlocutory applications closed; no order as to costs. No monetary award.

Issue for consideration

Whether the respondents' inaction in not renewing the petitioners' licence no. FMC/ADN/Renewal/334, 2018-2023 despite the renewal application of 06.02.2023 (licence expiring 31.03.2023) is illegal, arbitrary and violative of Articles 14, 19(1)(a) and 21, warranting a mandamus to renew the licence. +1 more

Court's answer

The Court recorded its displeasure at Respondent No.5's conduct, noting that Respondent No.5 had been dragging its feet since 06.02.2023 without considering the Writ Petitioners' renewal application.

Ratio / Principle

The Court deemed it appropriate to dispose of the Writ Petition at the admission stage without going into the merits.

Key takeaways

Respondent No.5 was directed to consider the Writ Petitioners' renewal application by passing a Speaking Order in accordance with law within four weeks, and to communicate a copy of such order to the Writ Petitioners forthwith.ratio¶57
The Writ Petitioners were directed to submit a copy of the Court's order along with a photocopy of the renewal application to Respondent No.5 within one week from the date of the order for effective compliance.ratio¶60
With these observations and directions, the Writ Petition stands disposed of, with no order as to costs.

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), single-judge order of Justice Gannamaneni Ramakrishna Prasad dated 26.03.2025 in Writ Petition No. 5638 of 2025 (J. Umesh Goud and Smt. J. Manjula v. State of A.P. and others): The petitioners, Adoni-based business persons (Kurnool district), sought a mandamus declaring the respondents' inaction in not renewing their licence no. FMC/ADN/Renewal/334, 2018-2023 illegal and arbitrary, alleging contravention of the AP agricultural markets legislation of 1966 (as amended by Act 14 of 2015), O.Ms.No.SS dated 06.11.2020 and Articles 14, 19(1)(a) and 21, and seeking renewal; a renewal application had been lodged with the 5th respondent (Agriculture Marketing Committee, Adoni) on 06.02.2023 ahead of the 31.03.2023 expiry. WITHOUT deciding the merits, the Court disposed of the petition at the admission stage, directing the 5th respondent to consider the renewal application and pass a Speaking Order in accordance with law within four weeks and communicate it to the petitioners forthwith, while expressly recording its displeasure at the Committee's delay since 06.02.2023; the petitioners were directed to submit a copy of the order with a photocopy of the application to the 5th respondent within one week; interlocutory applications were closed and no costs were imposed. No precedent was cited or engaged; no amount was awarded.

/

H

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL (Special Original Jurisdiction) // WEDNESDAY, THE TWENTY SIXTH DAY OF MARCh|o TWO THOUSAND AND TWENTY FIVE ^

-0.

PRESENT

THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5638 OF 909^

Between:

J. Umesh Goud, late Siva Basavanna Goud, aged about 54 years, Occ Business, R/o. H.No. 10/326, Maratwadi Street, Adoni Post and Mandal, Kurnool District-518301

Smt. J.Manjula, W/o. J.Umesh Goud aged about 38 years, Occ

Business, R/o. H.No. 10/326, Maratwadi Street, Adoni Post and Mandal Kurnool District-518301

...PETITIONERS

AND

The State of Andhra Pradesh rep. by its Principal Secretary, Agriculture

and Marketing Department, Secretariat, Veiagapudi, Amaravathi, Guntur District.

The Commissioner and Director of Agriculture of Marketing State of AP.

The Regional Joint Director, Agriculture of Marketing, Vijayawada NTR District.

The Agriculture Marketing Committee, Rep. by its Secretary Adoni Adoni Taluq, Kurnool, Kurnool District.

The Agriculture Marketing Committee, Rep. by its Section Grade Secretary, Adoni Adoni Taluq, Kurnool, Kurnool District

...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,^{declaringtheinaction} of the respondents in not renewing the license no FMC/ADN/Renewa l/334, 201Bi2 23 is highly illegal, arbitrary and contrary to the AP (Agricultural prodd and Live stock Market 1966), as amended by the act 14 of 2015 * f and tjO.Ms.No.SS dated 06.11.2020 and against the principles^ofnatural justice and also violative of articles of 14,19 (1), (a) and 21 of constitution of India, and consequently direct the 4th and 5th respondents to renew the license of the petitioner, and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4‘^ and 5‘^ respondents to the license no FMC/ADN/Renewal/334, 2018-2023 of the petitioner pending disposal of the main Writ Petition.

Counsel for the Petitioners: SRI J. JANAKIRAMI REDDY

Counsel for the Respondent Nos.1 to 3: GP FOR AGRICULTURE Counsel for the Respondent Nos.4 & 5: SRI GANGISETTY RAJESWARA

RAO, SC FOR AMC

The Court made the following: ORDER

[3328]

APHC010110842025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 5638/2025

Between:

1.J UMESH GOUD, LATE SIVA BASAVANNA GOUD„ AGED ABOUT⁵⁴ YEARS, OCC BUSINESS, R/0. H.NO. 10/326, MARATWADI STREET, ADONI POST AND MANDAL, KURNOOL DISTRICT-518301

2.SMT. J.MANJULA, , W/0. J.UMESH GOUD, AGED ABOUT 38 YEARS, OCC BUSINESS, R/0. H.N0.10/326, MARATWADI STREET, ADONI POST AND MANDAL, KURNOOL DISTRICT-518301

...PETITIONER(S)

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND MARKETING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2.THE COMMISSIONER AND DIRECTOR OF AGRICULTURE OF MARKETING, STATE OF AP. .

3.THE REGIONAL JOINT DIRECTOR, AGRICULTURE OF MARKETING, VIJAYAWADA, NTR DISTRICT.

4.THE AGRICULTURE MARKETING COMMITTEE, REP. BY ITS SECRETARY, ADONI ADONI TALUQ, KURNOOL, KURNOOL DISTRICT.

5.THE AGRICULTURE MARKETING COMMITTEE, REP. BY ITS SECTION GRADE SECRETARY, ADONI ADONI TALUQ, KURNOOL,

2

r

KURNOOL DISTRICT

...RESPONDENT(S);

Counsel for the Petitioner(S):

1.J JANAKIRAMI REDDY

Counsel for the Respondent(S):

1.GP FOR AGRICULTURE

2.GANGISETTY RAJESWARA RAO

The Court made the following ORAL ORDER:

Heard Sri J. Janaki Rami Reddy, learned Counsel for the Writ Petitioners and Sri G. Rajeswara Rao, learned Standing Counsel appearing for Respondent Nos.4 & 5.

Learned Counsel for the Writ Petitioners submits that the Writ • Petitioners have made an Application before the Agricultural Marketing Committee (Respondent No.5) on 06.02.203 (Ex.P.2) for^{renewaloflicenceof} FMC/AND. It is the submission of the learned Counsel^{fortheWritPetitioners} that the licence would expire on 31.03.2023. 3. Having regard to the fact that the Writ Petitioners^havemadean Application way back on 06.02.2023 before Respondent^No.5, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, directing the Respondent No.5 to consider the Application of the Writ Petitioners seeking renewal^{oftheirFMC/ANDlicence} by passing a Speaking Order in accordance with law^within a^periodoffour weeks from today and communicate copy of such Order^{totheWritPetitioners} forthwith.

Having taken note of the fact that the Respondent^No.5hasbeen dragging his feet since 06.02.2023 without considering^{theApplicationofthe} Writ Petitioners for renewal of licence, this Court is rather constrained to express its displeasure on the conduct of Respondent^No.5.

3

Writ Petitioners are directed to submit a copy of this Order along with photocopy of the Application to Respondent No-5 within one week from today for effective compliance.

e.With these observations and directions, this Writ Petition stands disposed of. No order as to costs.

Interlocutory Applications, if any, stand closed in terms of this order.

Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR

//TRUE COPY//

S OFFICER

To.

The Principal Secretary, Agriculture and Marketing Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.

The Commissioner and Director of Agriculture of Marketing, State of AP.

The Regional Joint Director, Agriculture of Marketing, Vijayawada, NTR District. ■ ...

The Secretary, Agriculture Marketing Committee, Adoni, Adoni Taluq, Kurnool, Kurnool District.

The Section Grade Secretary, Agriculture Marketing Committee, Adoni Adoni Taluq, Kurnool, Kurnool District

One CC to Sri J. Janakirami Reddy, Advocate [OPUC]

One CC to Sri Gangisetty Rajeswara Rao, Advocate[OPUC]

Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]

Three CD Copies.

ssb

HIGH COURT

DATED:26/03/2025

ORDER

WP.No.5638 of 2025

g
08 AM 2025 i
^ . Current Section

DISPOSING OF THE W.P. WITHOUT COSTS