WP/20507/2026 of SRI VIJAYA MARUTHI CHILLIES TRADERS Vs THE STATE OF ANDHRA PRADESH on 30 July 2026

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the impugned order vide Rc.No.345/2021, dt 29-06- 2026 passed by the 6th Respondent in rejecting the petitioner application, dated 13-05-2026 along with application, dated 22- 04-2019 and 29-05-2025 for grant of commission agent license in Agriculture Market, Guntur to operate as Chillies Commission agent without issuing any notice, opportunity and enquiry whatsoever as illegal, arbitrary and unconstitutional., and consequently set-aside impugned order vide Rc.No.345/2021, dt 29-06-2026 passed by the 6th Respondent with a direction to reconsider the petitioner application for grant of commission agent license and pass..”

2. Heard Sri G.Venkata Reddy, learned counsel for the petitioner and Sri Gangisetty Rajeswara Rao, learned Standing Counsel for Agricultural Marketing Committees for respondents.

3. Learned counsel for the petitioner submits that the petitioner has been pursuing the grant of a Commission Agent Licence for several years. Initially, the petitioner approached this Court by filing W.P.No.19450 of 2021, wherein this Court directed the respondent authorities to consider his application in accordance with law. Thereafter, as no decision was taken, the petitioner was constrained to file W.P.No.4866 of 2026. The said writ petition was disposed of directing the petitioner to pay the requisite fee within one week and, upon such payment, to submit the application within one week thereafter, with a further direction to the respondent authorities to consider the same and pass appropriate orders in accordance with law.

4. Learned counsel submits that, pursuant thereto, the petitioner submitted the necessary application and complied with the procedural requirements. However, the 6th respondent, by proceedings Rc.No.345/2021 dated 29.06.2026, rejected the petitioner's applications without assigning proper reasons and without affording any opportunity of hearing. It is contended that the petitioner is willing to furnish an undertaking/affidavit stating that, for the present, he seeks only the Commission Agent Licence and does not insist upon allotment of any premises, and that whenever the place is available, the same may be allotted in accordance with the governing rules.

5. Learned counsel for the petitioner further submits that, subsequent to the disposal of W.P.No.4866 of 2026, the petitioner submitted a fresh application dated 18.05.2026 before the Agricultural Market Committee, Guntur, which is stated to be pending consideration.

6. Learned Standing Counsel submits that appropriate directions may be issued to the respondent authorities to consider the said application in accordance with law.

7. This Court has considered the submissions made by both sides and perused the material available on record. The impugned proceedings disclose that the petitioner's applications dated 22.04.2019 and 29.05.2025 were rejected by referring to Guideline No.1 and Clauses 4(d), 4(i) and 4(j) of G.O.Ms.No.260, Agriculture and Cooperation (AM-IV) Department, dated 28.09.2010, and on the ground that the applications do not satisfy Rule 49 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and the Rules, 1969. However, the order does not indicate that the petitioner was afforded an opportunity to explain his case or to comply with any alleged deficiency before rejecting his request. The order is bereft of proper reasons and does not reflect compliance with the principles of natural justice.

9. Having regard to the facts and circumstances of the case, and particularly in view of the fair submission made by the learned Standing Counsel, this Court is of the opinion that the ends of justice would be met by directing the respondent authorities to consider the petitioner's pending application afresh after affording him an opportunity.

10. Accordingly, the Writ Petition is disposed of. However, the petitioner is at liberty to submit an undertaking/affidavit before the Agricultural Market Committee stating that, for the present, he seeks only the grant of a Commission Agent Licence and does not require allotment of any premises, and that allotment of space, may be made in future subject to availability and in accordance with the governing Rules. On receipt of such undertaking/affidavit, the respondent authorities shall consider the petitioner's application dated 18.05.2026, in accordance with the governing rules and law within a period of one (01) week from the date of receipt of the undertaking/affidavit from the petitioner. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 31.07.2026

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Whether the order is : Speaking Yes/ Reasoned Yes Reportable No/Non-Reportable Yes

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 20507 OF 2026

Dated 31.07.2026

Note : Issue CC by today b/o KKV