Andhra Pradesh High Court - Amravati
The Kurnool Commission Mundy Merchants ... vs The State Of Ap on 22 February, 2023
IN THE HIGH COURT OF ANDHRA PRADESH -: AMARAY (SPECIAL ORIGINAL JURISDICTEON) WEDNESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE : PRESENT: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDBA _ WRIT PETITION NO: 4305 OF 2023 Behvesn: The Kurnool Cornmission Mundy Merchants Association, Rep by the Sec retary Katta Chandra Sekhar, Sio Aswarthanarayana , Aged 80 years, Rio Flat No. 307, Sri Sai Homes, VIR. Colony, beskie KK Fy ave ion Nall, Raad No. 4, Kurnoal, Kurnool district. : ~ Petifionar AND 1. The State of Andhra Pradesh, Rep by its Principal Searetary, Agriculture and Marketing Depariment, Secrs rat Budings at Velaqapudi, Guntur District, 2, The Commissioner and Directar of Agriculfural and Marketing, Government of Andhra Pradesh, 3 Chuttugunta .Gantur, Guntur District 9 = The Joint Director, Agriculture and Marketing, Kadapa, YSR Radapa Cistict _ The Agricuitural | Market Co: mmi es, Kurnool, Rep by lis Secretary, Kurnodl, Kurnaol District, : The Chairman, Agnouttural Marké Bon o3s wmmitiee, Kurncol, Kurnool (istrict, Reapondants Pettion under Ariicla 228 of the: Constitution of incia araying that in the cjroumstances stated in the affidavit i fad. iNerewith, the High Court may bs pleased t@ issue a wrif, an order or diraction more" sarc ularly ¢ One in she nature of Wri of Mandamus declari mg ine S.0. Ms. No 88 (Agrmulture and Ca-Operation) (AMS cenartiment, dated d6.11.202¢ issued by the 1° respondent whereby ITEBOSING exorbitant sacurily conditions and further'setion of the Reapondent Na. 1 in 4 in not cunsidering the Patiioner's Repre ntat mT daied 20.07.2029 submitted for ted reexamine the G.O. Ms. No, 85, dat o?.2020 as dlegal, arbitrary, cantrary to the provisions of the A. FL (Agricultural Produce and Livestock} Markets, Act 196 " amended by Act 14/2018 and Market Rules 1868 and violation af Articles 74, 19 ¢ (g} and 27 of the Constitution of India and consequently set-aside the said the éc and direct the 4fh resnoncdent to renew: the: ioences of the members of the Peftioner without insisting upan the security co nd ions laid ceawn in GO. Ms. No. 8S. dated 08.77.2020 alg ge IA NO: 4 OF 2023 Petiion under Section 184 ¢ the affidavit ied in support oF me t We the "appl loations to the me mbers of he Patitioner for "submies! an of "appl cations for renewal of their commission agent Lioanses, reoaive and fenser the same without insisting upon the security conditions laid down in G.G. Ms. No. 85, daied 06.17.2029, pending dispasal of WP 4305 of 2023, on the file o f the Migh Cour IA NO: 2 OF 2685 mB : : Fetdion under Section 167 CPO-pfaying that in the clrournstancas stated in the affidavit fied in support of the petition, the High Court may be meased to direct the Respondent No. 1 is 4 to consider the Pett ianers Representation dated av 07.2023, pending dispasal of WP 4305 of 2023, on the file of the High Court. The petition coming on for hearings upon perusing the Petition and the afidavit Hed in support thersof and uporn-Aearing the arguments of SRI PENUMAKA VENBATA RAO Advocate for the Petitioner, and of GP FOR AGRICULTURE for the Respondents Tito 3, SRI RB PRAKASAM Standing Gounse! for Respondent No.4 and 5, fhe Court made the following. : ORDER:
oe : "Meard learned counsel for the petitioner and Jearnecd counsel! for the respondants. a There shall be an interim direction, vrecting respondent Nos.i to 4 to consid der ihe representation submitted by the petiVener dated?20.04.2023 and NSS appropriate orders within a pariod of three weeks from the date of receipt of a copy of this order. wey Nis further clarified ¢ application to renew the Hoen Fost the matter on 241.03, hat the" respondent 8 are also directed to issue a & oft he Smembe rs of the petitioner.
Yo, +. The Princival Secretary, Andhra Pracdash, Secretariat £ é. The Commissioner and Directa Andhra Pradesh, at Chuttugunia tur, Guntur Distict.
3. The Joint Director, nies RUPE 8 Marketing, Kadgos, YSR Kadapa District,
4. The Agricultural Market Commi ite tee: Kurnool, Rep by ts Secretary, Kurnool, Kurnool District. a The Chainnan, Agrioultural M (Aduresses 1 to 5 by READ) Be -
One CC to SRI PENUMAK AVENKATA RAO Advocate [OPUC] | :
Two Os to GP FOR AGRI CULTURE gh Court OF Andhra Pradash. (OUT) One CO fo SREB PRAKASAM S ding ¢ counsel [ORUCT oc Orne atare copy gs al Velagopudl i, "Gu ntur Distr ot Agricultural ancl Marketing, Government uf ¥ a4 ef Gammitiee, Rurnonl Kurnool Csirict:
<i AR wm Che as HIGH COURT . NVJ DATED 22/2/2029 POST THE MATTER ON 21.03.2023 ORDER WP. No 4308 of 20389 INTERIM DIRECTION