Writ petition challenging the demand of market fees on seed sales was dismissed as filed on mere apprehension without any actual demand.
Writ petition closed; no directions issued to prohibit collection of market fees as no demand was made.
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.
C
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE NINTH DAY OF DECEIVBER - TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE T. VINOD.KUMAR
WRIT PETITION NO:9201 OF 2009
Between:
| RasiSeedsLtd.,acompanyRegdundertheCornpaniesAct, havingitsregisteredofficeatpostofficeboxo.30-273, Kamarajnar Road,Attur-636102,SalemDistrict, TamilnaduState, havingit'sseedprocessingplalts/Marketing officeatPlotno.27,PaigahColony,S.P.Road,Secunderabad-500 003, rep.byit'sMD.M.Ramasami. ....Petitioner And |
||
|---|---|---|
| 1 | The StateofA.P.,repbySecretary AgricultureandCo-Operation(Mktg)Dept., SecretariatBuildings,Hyderabad, |
|
| : | 2 | The CommissionerVigilance Department of TheCivil Supplies, Civil SuppliesDepartment, Hyderabad. t. |
| I | a | Commissionerand DirectorofAgrl;Marketing Committee, GovernmentofA.P.,BRRK'Building, TankBundHyderabad. |
| I I L |
4 | The Secretary,AgricultureMarketr committee,Nizaiiaoaa. ' |
| 5 | The Secretary,Agriculturelvlarke^t Corrrmittee,Kishangunj.bt"r\Dl(^ |
|
| i | 6 | TheSecretary,AgricultureI\Iarket Committee,Armur,NizamabadDistrict' |
| 7 | The Secretary,AgricultureNlarket Committee, Kamareddy,NizamabadDistrict. |
|
| B | The Secretary,AgricultureI\larket Committee, Bhanswada,NizamabadDistrict' |
|
| g. | The Secretary,AgricultureN{arket Committee, Yellareddy,NizamabadDistrict' |
|
| 10 | .The Secretary,Agriculturel'larket Committee, Medchal,Ranga ReddyDistrict' |
|
| I1. | TheSecretar-v,AgricultureIUarket Committee,Mahabubnagar. |
|
| 12 |
.The Secretary,Agriculturel{arket Committee,Alampoor,Mahabubnagar' |
|
| 13 |
.TheSecretar5r,AgriculturelUarket, Committee,Cad*al,Ma'habubnagarDistrict' t |
|
| 14 | . .TheSecretary,AgricultureMarketi- Committee,Gadepalli,MahabubnagarDistrict' |
U(
\
/
| 38. 39. |
The Secretary,AgricultureN{arket uommrttee, Badwel, KadapaDistrict. The Secretary,AgricultureMarket uommlttee,Kadapa, KadapaDistrict. |
||
|---|---|---|---|
| I i |
40. 41. 42. |
TheSecretar5z,AgricultureMarket Committee, Rayachoti, KadapaDistrict. The Secretary,AgricultureMarket Committee,Jammalamadugu,KadapaDistrict. The Secretary,AgricultureMarket Committee,proddatur,KadapaDistrict. |
|
| 43. | TheSecretar5r,AgricultureMarket Committee,Gooty,Anantapur District. |
||
| 44, 45 |
The Secretary,AgricultureMarket Committee,Anantapur,Anantapur District. The Secretary,AgricultureNlarket Committee,Dharmavaram,Anantapur District. |
||
| 46. | The Secretary,AgricultureNlarket Committee,Hindupur, Anantapur District. |
||
| 47. | The Secretary,AgricultureMarket Committee, Warangal, WarangalDistrict. |
||
| 48. | The Secretarv,AgricultureNlarket Committee,Thondur,WarangalDiJtrict. |
||
| 49. | The Secretary,AgricultureMarket Committee,Karimnagar, KarimnagarDistrict. |
||
| 50. | The Secretary,AgricultureMarket Committee,Jammikunta,KarimnagarDistrict. |
||
| 51. | The Secretary,Agriculturel{arket Committee,Huzirabad, KarimnagarDistrict. |
||
| 52. | TheSecretar5r,AgricultureMarket Committee,Chittoor,ChittoorDistrict, |
...Respondents |
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased toto issue an order or direction moreparticularly one in the nature of writ of Mandamus declaring the action of the respondents in demanding the marketfee from the petitioner's Company on thepurchase & sale of Seed under A. P(Agricultural Produce & Livestock) Market's act 1996 asillegal,without Jurisdiction,Contrary to the Judgment of thisHon'ble High Court in W.P No.1352712004 & Bench dt 08-02-2005 and issueconsequentialdirection prohibiting the respondents from demanding &Collecting the marketfee on the sale & purchase of Certified as well as truthfullylabeled seed for the purchase of showing the petitioner Company
l.A. NO:Petition under 10F 2009(WPMSection P.NO:12 ist056 cPc0F20praying09)that in the circumstancesstatedin the affidavitfired in supportof the petition,the High court maybe pleased to issue directionsprohibitingthe respondentsfromdemanding& Collectingthe market fee onthesale&Purchaseofcertifiedseedforthepetitioner'scompany Counsel forthe Petitioner:SRI K' RATHANGA PANI REDDY
Counsel forRespondent Nos' 1 & 3: GP FOR AGRICULTURE
Counselfor Respondent No' 2: GP FOR CIVIL SUPPLIES
Counsel forRespondent Nos.4 to 21: SRI V' V' NARAYANARAO Counsel forRespondent Nos. 22 to 30 & 36 to 52: SRI P' BHANU PRAKASH The Court madethe following:ORDER
k
I
THE HONOURABLE SRIJUSTICE T.VINOD KUMAR
PETITION No. 9201 of2 009
ORDER:
This Writ petition is filed on mere apprehension without therebeing any demand from any of the respondents who are arrayed as respondent Nos.4 to 52.
Leaving it open to the petitioner to approach the Court as and when any demand is made, no orders need be passed in this Writ petition.
Accordingly the Writ petition is closed. No costs.
As a sequel, the miscellaneous petitions, if any pending, shall stand
closed.
I
//TRUE COPY'
SD/.K. ONESIM ASSISTANT REGISTRAR
,{-,
SECTION OFFICER
To
HIGHCOURT
DATED:0911212021
{ SE 5TA
<br>3'1 Jirli ?i?2
ORDER
WP.No.9201 of 2009
CLOSING THE WRIT PETITION
WITHOUT COSTS
1 issue framed by the court
Whether to issue directions prohibiting the collection of market fees on certified seed sales in the absence of an actual demand.
1 provisions across 1 enactments
Rasi Seeds Ltd.
The State of A.P.
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
