Telangana High Court

WP/23566/2004 of M/S. Sri Lakshmi Venkateswara Rice AND Flour Mill, Vs The Government of A.P., on 27 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO: 23566 of 2004 Between: M/S. Sri Lakshmi Venkateswara Rice & Flour Mill,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO: 23566 of 2004

Between:

M/S. Sri Lakshmi Venkateswara Rice & Flour Mill, Chintalapudi - 534 460,Chintalpudi Mandal, West Godavari District Rep by its Managing Partner Mr. M. Satyanarayana

..... PETITIONER

AND

1 The Government of A.P., Rep by its Secretary Food and Agriculture (Marketing) Department, Secretariat, Hyderabad.

2 The Director of Marketing, Government of A.P., BRKR Buildings, Hyderabad.

3 The Agricultural Market Committee, Chanalapudi, West Godavari District, Rep by its Secretary

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Mandamus or any appropriate Writ declaring that the action of therespondents in notifying the Rice as Agricultural produce for the purpose of levy ofMarket Fee under the provisions of the A.P. Agricultural (Produce & Live Stock)Markets Act, 1966, is arbitrary and illegal, and direct the respondents not to insist thepetitioners to pay the market fee on the rice milled from out of paddy, if necessary bygranting a declaration that Rice is not an agricultural produce within the meaning ofthe A.P. Agricultural (Produce & Live Stock) Market Act, 1966 and grant such otherrelief.

Counsel for the Petitioner: MR.P.BALAJI VARMA

Counsel for the Respondents: GP FOR AGRICULTURE

HONOURABLE SRI JUSTICE L.NARASIMHA REDDY

W.P.NO.23566 OF 2004

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-ORDER:

It is represented that the question involved in this writ petition was decided by aDivision Bench of this Court in W.P.No.18977 of 2002 and it was answeredagainst the petitioners through the judgment dated 21.12.2004.

In that view of the matter, the writ petition is dismissed. No costs.

27[th] December, 2004

SKM

----------------------------------

L.NARASIMHA REDDY, J

To

1. The Secretary, Government of A.P., Food and Agriculture (Marketing) Department, Secretariat, Hyderabad.

2. The Director of Marketing, Government of A.P., BRKR Buildings, Hyderabad.

3. The Secretary, Agricultural Market Committee, Chanalapudi, West Godavari District.

4. 2 CCs to G.P. for Agriculture, High court Buildings, Hyderabad (OUT)

5. Two C.D. Copies.

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