Disposed

Manikanta Agro Tech., v. The State of Telangana, Agricultural Marketing Department

Telangana HC12 Sept 2024WP/11498/2016

Case brief

AI extract

What is this about?

A rice processing unit challenged collection of market fees on paddy imported from other states while in transit at check posts. Counsel submitted the matter was covered by an earlier writ order; the court disposed of the petition directing respondents to strictly follow the Commissioner's guidelines when levying market fee on imported paddy transport.

What the court decided

AI extract

Manikanta Agro Tech., Vs The State of Telangana… — Writ and Judicial Review | Telangana HC (2024)

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[³³⁰² ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, IHE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 11498 OF 2016

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Between:

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Manikanta Agro Tech., Paddy Paraboiled Unit, Post and Village Urukonda, Atmakur, Warangal District, Rep. by its Managing Partner M. Raghunath

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...PETITIONER

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AND

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The State of Telangana, Agricultural Marketing Department, Secretariat Building, Secretariat, Hyderabad Rep. by its Principal Secretary

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The Commissioner and Director of Agricultural Marketing, Government of Telangana, B.R.K. Buildings, Hyderabad.

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The Agricultural Market Committee, Atmakur Mandal, Warangal District Rep. by its Secretary,

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The Agricultural Market Committee, Kothagudem (Pawanchana Check Post), Khammam District, Rep. by its Secretary,

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The Agricultural Market Committee, Khammam (Kalluru Check Post), Khammam District, Rep. by its Secretary

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The Agricultural Market Committee, Khammam (Aswaraopet Check Post), Khammam District, Rep. by its Secretary

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The Agricultural Market Committee, Khammam (Sattupalli Check Post), Khammam District, Rep. by its Secretary

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The Agricultural Market Committee, Bhodan (Saloora Check Post,), Nizamabad District, Rep. by it Secretary,

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The Agricultural Market Committee, Nirmal (Bhainsa Check Post), Adilabad District, Rep. by its Secretary

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10.The Agricultural Market Committee, Asifabad (Wankidi Check Post), Adilabad District, Rep. by its Secretary

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11.The Agricultural Market Committee, Dhammapeta (Mandapalli Check Post), Khammam District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction especially one in the Nature of Writ of Mandamus declaring the action of the respondents 3 to 12 in insisting and collecting the market fees on paddy while in transit which is importing from.other states by the petitioners as illegal, arbitrary and in violation of Articles 14 and 19⁽ⁱ⁾

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(g) of the Constitution of lndia and contrary to the Circular instructions issued by the 2nd respondent in Memo No.S1111(2)9513 dated 7-2-2013 and in Memo No.S"11(3) P-1117012014 dated^'19-5-2014 respectively and consequently direct the respondents 3 to 12 not to collect the market fees on paddy while in transit which is importing from other states by the petitioners.

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l.A. NO: 1 OF 2016(WPMP. NO: 14484 OF 2016)

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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 respondents 3 to 12 to not to collect the market fees on paddy while in transit which is importing from other states by the petitioners pending d isposal of the above writ petition.

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Counsel for the Petitioner: SRI CH.RAVINDER Counsel for the Respondent Nos.1 & 2: GP FOR FOOD & AGRICULTURE Counsel for the Respondent Nos.3 TO 11: -

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The^(:oud made the following: ORDER

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I I

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THE HON'BLE SRI JUSTICE K.SARATH

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WRIT PETITION No.11498 of 2016

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ORDER:

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The Writ Petition is hled seeking the following relief:

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".. .to issue a Wit Order or Direction more particularly one in tlte noture of Wnt of Mandamus declaing the action of the respondent Nos.3 to 12 in insisting and collecting the market fee on paddg uhile in transit which is importing from other states by the petitioners as illegal, orbitrarg and in uiolation of Articles 14 and 19(i)(g) of the Constitution of India and contrary to the Circular instructions issued bg the 2nd respondent in Memo No.Sll1(2)9513 dated 7.2.2013 and in Memo No. S 1 1 1 (3)P- 1 1 1 70/ 2 O 1 4 dated 1 9. 6. 2 O 1 4 respectiuelA and consequentlg direct the respondent Nos.3 to 12 not to collect the market fee on paddg u.thile in transit u-thich is importing from other states by the petitioners..."

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Learned counsel for the petitioner submits that the issued involved in the writ petition 1S squarely covered by the order passed by this Court in W.P.No.7998 of 2016, dated 16.07.2024 and the same is not disputed by the learned Assistant

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Government Pleader for Food and Agriculture.

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In view of the submissions and for the reasons assigned by this Court in W.p.No.799g of 2016, dated 16.07.2024, the writ petition is disposed of directing the respondents to strictly follow the guidelines/instructions issued by the respondent No.2 while levying ttre market fee on the transportation of paddy being imported from outside States. There shall be no order as to costs.

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As sequel to it, Miscellaneous petitions, if

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any pending, shall stand closed.

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SD/.V. A ASSISTANT REGIS R

//TRUE COPY//

SECTION O FICER

(

The Principal Secretary, State of^{Telangana, AgriculturalMarketing} Department, Secretariat Building, Secretariat,^Hyderabad.

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Thil Commissioner and Director-of Agricultural^{Marketing, Government of} Telangana, B.R.K. Buildings, Hyderabad.

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The S-ecreiary, AgriculturaT Market Committee,^{AtmakurMandal,Warangal} District.

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The Secretary, Agricultural Market Committee,^{Kothagudem (Pawanchana} Check Post), Khammam District.

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The Secretdry, Agricultural Market Committee,^{Khammam (KalluruCheck} Post), Khammam District.

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The Secretary, Agricultural Market Committee,^{Khammam (Aswaraopet} Check Post), Khammam District.

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The Secret6ry, Agricultural Market Committee,^{Khammam (SattupalliCheck} Post), Khammam District.

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8 The Secretary, Agricultural Market Committee,^{Bhodan (Saloora Check} Post,), Nizamabad District.

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The Secretary, Agricultural Market Committee,^{Nirmal (Bhainsa Check Post),} Adilabad District.

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The Secretary, Agricultural Market Committee,^{Asifabad (Wankidi Check} Post), Adilabad District.

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11.The Agricultural Market Committee, Dhammapeta^{(Mandapalli Check Post),} Khammam District.

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One CC to SRI CH.RAVINDER, Advocate IOPUCI 13. Two CCs to GP FOR FOOD & AGRICULTURE, High Court^{for the State of} Telangana, at Hyderabqd. [OUT]

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Two CD Copies p?-'

I i

HIGH COURT

DATED:1210912024

ORDER

WF.No.11498 of 2016

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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<br>14 WW

Manikanta Agro Tech., v. The State of Telangana, Agricultural Marketing Department

Case brief

What is this about?

What the court decided

Manikanta Agro Tech., v. The State of Telangana, Agricultural Marketing Department

Case brief

What is this about?

What the court decided

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