Telangana High Court
Mrigashira Agri Shop Pvt. Ltd., Having ... vs The Government Of India, Rep. By Its ... on 10 December, 2021
Bench: Satish Chandra Sharma, N.Tukaramji
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF NOVEMBER
TWO THOUSAND AND SEVEN
:PRESENT:
THE HONOURABLE SHRI JUSTICE P.S.NARAYANA
WRIT PETITION NO : 18863 of 2007 AND
W.P.NO. 26484 of 2001.
W.P.NO. 18863 of 2007 :-
Between:
Mrigashira Agri Shop Pvt. Ltd., having its Office at 'Prerana' E4, Near
Parvathi Nursing Home, Vikrampuri Colony, Secunderabad, rep. by its
Accounts Manager D.Srinivasa Rao, S/o.Saidulu
Aged 35 years, R/o. Hyderabad.
.....PETITIONER
AND
1.The Government of India, rep. by its Secretary Ministry of Agriculture,
(Dept of Agrl. & Cooperation), Krishi Bhavan, New Delhi.
2.The Commissioner and Director of Agriculture Government of Andhra
Pradesh LB Stadium, Basheerbagh, Hyderabad.
.....RESPONDENTS.
Petition under Article 226 of the constitution of India praying
that in the circumstances stated in the Affidavit filed herein the High Court
may be pleased to issue an appropriate writ, order or direction, more
particularly one in the nature of Writ of Mandamus, declaring the action of
the respondents in enhancing the license fee under Rule 10 of the
Insecticides Rules, 1971 through notification dated 20.5.1999 from Rs.20/-
to Rs.500/- per insecticides and from Rs.300/- to Rs.7500/- towards
maximum license fee as being illegal, arbitrary, unconstitutional and set
aside the notification and further consequently direct the respondents not to
insist upon the petitioner and its business associates/centers for payment
of the enhanced licensed fee for grant of renewal of license.
W.P.No. 26484 of 2001 :-
Between :-
1.M/s. Anantha Laxmi Agencies, rep. b its Managing Partner,
K. Sangireddy S/o. Ramachandra Reddy, R/o. Gollala Mamidada,
East Godavari District.
2.M/s. Anantha Laxmi Agencies, rep. by its Managing Partner,
K. Sangireddy S/o. Ramachandra Reddy, O/o. Rameswaram Village,
Pedapudi Mandal, East Godavari District.
3.M/s. Srisai Manikanta Agencies, rep. by its Proprietor, Kothala Appa Rao,
R/o. Nedurubada Village, East Godavari District.
4.M/s. Srisai Manikanta Agencies, rep. by its Proprietor, Kothala Appa Rao,
rep. by its Proprietor, Kothala Appa Rao, O/o. Nallamilli Village,
East Godavari District.
5.M/s. Prasanna Vigneswara Traders, rep. by its Proprietor, P. Prasada
Rao,
R/o. Nadurubada Village, East Godavari District.
6. M/s. Sri Rajarajeswari Agencies, rep. by its Proprietor, M. Sathireddy,
R/o. Vedurupaka Village, East Godavari District.
7. M/s. Sri Prasannalaxmi Agencies, rep. by its Proprietor,
M. Viswanatha Reddy, R/o. Rayavaram Village, East Godavari District.
8. M/s. Sri Laxmiganapathi Agro Agencies, rep. by its Proprietor, T.
Anjaneya
Reddy, R/o. Machavaram (V), East Godavri District.
9. M/s. Sri Rajyalaxmi Agencies, rep. by its Managing Partner,
T. Anjaneya Reddy, R/o. Machavaram (V), East Godavari District.
10.M/s. Sri Rajyalaxmi Agencies, Rep. by its Managing Partner,
N. Sura Reddy, O/o. Kathipudi (V), East Godavari District.
11.M/s. Sri Ryathu Depot, Rep. by its Managing Partner, M. Govindu,
R/o. Drakasharamam (v), East Godavari District.
12.M/s. Sri Rajeswari Agencies, rep. by its Managing Partner,
Chinta Rajeswar Reddy, R/o. Ramachandrapuram, East Godavari
District.
13.M/s. Sri Rajarajeswari Finance, rep. by its Managing Partner,
Chinta Rajeswar Reddy, R/o. Ramachandrapuram, East Godavari
District.
14.M/s. Srisai Srinivasa Traders, rep. by its Proprietor, M. Srinivasa Rao,
R/o. Ramachandrapuram, East Godavari District.
Contd..2...
- 2 -
15.M/s. Srisai Ganesh Traders, rep. by its Managing Partner,
V. Veeravenkata Satyanarayana, R/o. Kurmapuram, East Godavari
District.
16.M/s. Srisai Ganesh Traders, rep. by its Managing Partner,
V. Veeravenkata Satyanarayana, R/o. Kurmapuram, East Godavari
District.
17.M/s. Sri Venkateswara fertilizers, rep. by its Proprietor, V. Veeravenkata
Satyanarayana, R/o. Kurmapuram, East Godavari District.
18.M/s. Sri Venugopala Fertilizers, rep. by its Proprietor,
P. Subba Rao, R/o. Kurmapuram, East Godavari District.
19.M/s. Swamy General Agencies, rep. by its Proprietor, A. Ammiraju,
R/o. Sampara (V), East Godavari District.
20.M/s. Sri Manikyamba Fertilizers, rep. by its Proprietor, P. Apa Rao,
R/o. Kandregula (V), East Godavari District.
21.M/s. Sri Venkateswara Traders, rep by its Proprietor,
P. Venkataramana, R/o. Kandregular (V), East Godavari District.
22.M/s. Vijayadurga Agencies, rep. by its Managing Partner,
M. Venkatarao, R/o. Pedapudi (V), East Godavari District.
23.M/s. Sri Laxmi Traders, rep. by its Proprietor, K. Adivirat,
R/o. Sahapuram (V), East Godavari District.
24.M/s. Sri Vijayalaxmi Enterprises, rep. by its Managing Partner,
P. Venkataraju, R/o. vetlapalem (V), East Godavari District.
25.M/s., Sri Satyasai Fertilizers, rep. by its Managing Partner,
V. Venkatarao, R/o. Vetlapalem (V), East Godavari District.
26.M/s. Sri Ganesh Traders, rep. by its Proprietor, M. Veera Venkata
Satyanarayana, R/o. Valangi (V), East Godavari District.
27.M/s. Mahalaxmi Corporation, rep. by its Proprietor, K. Sathireddy,
R/o. Blabadrapuram (V), East Godavari District.
28.M/s. Sri Manikanta Agro Agencies, rep. by its Proprietor,
K. Suranna Chowdhary, R/o. Vetlapalem (V), East Godavari District.
29.M/s. Saikiran Agencies, rep. by its Proprieotr, M. Veeravenkata Satya
Janarthan Chowdhary, R/o. G. Medapadu (V), East Godavri District.
30.M/s. Kamadhenu Fertilizers & Pesticides, rep. by its Managing Partner,
Y. Venkata Raju, R/o. Karapa (V), East Godavari District.
31.M/s. Suryakiran Agencies, rep. by its Proprietor, P. Suryanarayana
Reddy,
R/o Pandalapaka (V, East Godavari District.
32. M/s. Sri Sreenivasa General Merchants, rep. by its Proprietor,
S. Veerreddy, R/o. Pandalapaka (V), East Godavari District.
33.M/s. Sri Rama General Stores, rep. by its Managing Partner,
N. Ramachandra Reddy, R/o. Gllala Mamidada (V), East Godavari
Dsitrict.
34.M/s. Sri Devi Agencies, rep. by its Managing Partner, Satti Gangi
Reddy,
R/o. Polamuru (V), East Godavari District.
..PETITIONERS.
AND
1. Govt. of India, rep. by its Secretary, Ministry of Agriculture (Dept. Agrl. &
Co-operation), Krishi Bhavan, New Delhi.
2. Commissioner & Director of Agriculture, Govt. of Andhra Pradesh,
Near : L.B. Stadium, Basheerbagh, Hyderabad.
3. Joint Director of Agriculture, East Godavari District, Near : R.T.O. Office,
Nagarjuna Road, Kakinada, East Godavari District.
..RESPONDENTS.
Petition under Article 226 of the constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue a Writ of Mandamus or any other appropriate Writ, Order
or Direction declaring the action of the Respondents in enhancing the
license fee under Rule 10 of the Insecticides Rules 1971 Rules 1971
through Notification dated 20/05/1999 from Rs. 20/- to Rs.500/- per
insecticide and Rs.300/- to Rs.7,500/- towards maximum license fee as
illegal, arbitrary, unreasonable and unconstitutional and consequently direct
the Respondents not to insist the Petitioners for payment of the enhanced
licensed fee for grant of renewal of the license.
Contd...
3....
- 3 -
These petitions coming on for hearing, upon perusing
the petition and the affidavit filed in support there of and upon hearing
the arguments of SRI S. NIRANJAN REDDY, Advocate for the
Petitioner in WP.No. 18863 of 2007 and Srinivasa Reddy. Velagala,
Advocate for petitioners in WP.No. 26484 of 2001 and of the Sri A.
Rajasekhar Reddy-Assistant Solicitor General on behalf of
respondent No.1 in both petitions.
The Court made the following ORDER :-
It is brought to notice of this court that the learned Judges
expressed conflicting opinions in W.P.No 7155 of 2002 and in
W.P.No. 440 of 2007 and batch.
The orders are placed before this Court.
It is stated by the learned Standing counsel representing the
Central Government., When the later batch of writ petitions are
disposed of giving certain directions. When the learned Judge
wanted certain clarification the learned counsel was unable to
produce the said notification by way of clarification and hence
such directions cannot be issued, in the light of the notification
produced before this Court.
Be that as it may, when conflicting opinions had been made
by the learned Judges of this Court, it would be appropriate if
these matters are decided by an appropriate Division Bench.
In the light of the same, let the Registry place the papers
before the Hon'ble the Chief Justice for obtaining appropriate
orders to list the matters before appropriate Division Bench on
03-12-2007."
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1.Sri A. Rajasekhar Reddy, Assistant Solicitor General, High Court
of A.P., Hyderabad.(By Special Messenger)
2.One CC to Sri S. NIRANJAN REDDY, Advocate(OPUC).
(By Special Messenger)
3.Srinivasa Reddy. Velagala, Advocate(OPUC).(By Special
Messenger)
4.One spare copy.
5. The Section Officer, Writ Posting Section, High Court of A.P.,
Hyderabad.
6. The Section Writ filing Section, High Court of A.P., Hyderabad.
7. The Registrar (Judicial) High Court of A.P., Hyderabad (for kind
perusal.)
TKK
HIGH COURT
PSN.J
DT.30-11-2007.
ORDER
W.P.NO. 18863 OF 2007.
AND W.P.NO. 26484 OF 2001.
DIRECTION DRAFTED BY TKK DT.30-11-2007.
HIGH COURT PSN.J DT.30-11-2007.
Note :- Registry place the papers before the Hon'ble the Chief Justice for obtaining appropriate orders to list the matters before appropriate Division Bench on 03-12-2007.
ORDER W.P.NO. 18863 OF 2007.
AND W.P.NO. 26484 of 2001. DIRECTION