Andhra Pradesh High Court - Amravati
Murali Krishna Enterprises vs The State Of Ap on 1 September, 2022
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
THE HON'BLE SRI JUSTICE K.SURESH REDDY
WRIT PETITION No. 11068 OF 2021
ORDER:
The petitioners purchased agricultural products outside the market committee area and during transit, the authorities of respective market committees are insisting upon payment of market fee. As such, the petitioners filed the present writ petition seeking a direction to the respondents to issue necessary instructions to all the agricultural market committees not to insist upon payment of agricultural market fee during transit period.
2. Learned Government Pleader for Agriculture filed counter affidavit. Para No. 4 of the counter affidavit reads as follows:
"In reply Para No. 5, it is respectfully submitted that, in this office Circular No. S-III (1) 9513/2012, dated 07-01-2013, this office have directed the Secretaries of Agricultural Market Committees across the state not to collect the Market Fee on the Agricultural Commodities while in transit i.e. importing from other states, as the collection of Market Fee is in contrary to the instruction issued by the Department 2 and also instructed all the Agricultural Market Committees directed not to collect Market Fee at Check Posts on notified agricultural Commodities in transit if the commodity is brought from other states for processing and export purpose. Moreover, it is submitted that, in accordance with the Rule, 75 of the Andhra Pradesh (Agricultural Produce & Livestock) Markets Rules, 1969, (1) No person shall transport any notified agricultural produce, livestock or products of livestock purchased or sold in the notified market area, from the limits thereof, except on production of the (e-transport permit and) receipt for the payment of the prescribed fees in respect of such notified agricultural produce, livestock or products of livestock to the market Committee concerned.
(2) Any employee of the Market Committee authorized by it in this behalf shall have power at any time and without notice to stop and check any vehicle suspected to carry unauthorized any notified agricultural produce, livestock or 3 products of livestock from any place within the limits of any notified market area.
In accordance with the Rule 75, the transportation of agricultural produce and Livestock or products of livestock purchased or sold are exempted from the payment of Market Fee on producing the Permit/e-transport permit or receipt in token of payment of Market Fee at any of the check post or AMC."
Learned Government Pleader contends that the petitioners have not stated anything about the demand made by the agricultural market committees and as such, no cause of action arose for filing the present writ petition.
3. Learned counsel for the petitioners places reliance on Modern Nutrition Company, Hyderabad, Vs. Agricultural Market Committee and others1; and Kurnool District Rice Millers Association and others Vs. Agricultural Market Committee, Atmakur, and others2 to contend that Agricultural Market Committees are not entitled to collect any market fee at 1 1996 (4) ALD 801 (D.B.) 2 1998 (3) ALD 167 (D.B.) 4 check posts and they do not have the jurisdiction to stop vehicles for collection of market fees at check posts.
4. This Court perused the entire material on record. In Kurnool District Rice Millers Association and others (2nd supra) relied upon by learned counsel for the petitioners, a Division Bench of the erstwhile High Court of Andhra Pradesh formulated the following guidelines:
"(i) that if there is a sale or purchase of agricultural produce, livestock or products of livestock within a market area for the first time, the market fees is liable to be paid;
(ii) it is the purchaser who is liable to pay the market fees and only if the purchaser cannot be identified, then the seller can be obligated to pay the said market fees;
(iii) the agricultural produce, livestock and products of livestock which are carried by any means and entering into the area of a Market Committee cannot be subject to pay the market fees for the second time if proof is produced before the Officers of the Market Committee 5 of the market fees having been paid in another Market Committee; and
(iv) even at the check-posts, the same procedure has to be followed as referred to above in clause (iii)."
In the light of the averments made in the counter affidavit and in view of the guidelines framed in Kurnool District Rice Millers Association and others (2nd supra), this Court opines that no further orders are required to be passed in the present writ petition as necessary directions were already issued by Government to Agricultural Market Committees in terms of Section 75 of the Andhra Pradesh Agricultural (Produce & Livestock) Market Act, 1956.
5. The writ petition is accordingly closed. Pending miscellaneous applications, if any, shall stand closed in consequence. No costs.
_____________________ JUSTICE K.SURESH REDDY Date: 01-09-2022, JSK 6 THE HON'BLE SRI JUSTICE K.SURESH REDDY WRIT PETITIION No. 11068 OF 2021 DATE: 01ST SEPTEMBER, 2022 JSK