WP/17948/2004 of M/S APOORVA AGENCIES, VIRUGAMBAKKAM, CHENNAI Vs MMTC LTD, VISAKHAPATNAM & 3 on 19 April 2026

APHC010427932004

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE TWENTIETH DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION NO: 17948/2004

Between:

1. M/S APOORVA AGENCIES, VIRUGAMBAKKAM, CHENNAI, NO.53, 3RD STREET, KRISHNA NAGAR, VIRUGAMBAKKAM, CHENNAI- 600092 REP., BY ITS PROPRIETOR P.S.NATHAN, S/O SRI

C.A.PADMANABHAN,

...PETITIONER

AND

1. MMTC LTD VISAKHAPATNAM 3, REP., BY ITS GENERAL

MANAGER, MMTC BHAVAN, PORT AREA, VISAKHAPATNAM-530

2. FOOD CORPORATION OF INDIA, REP., BY ITS DISTRICT

MANAGER,

47-11-7,

IIND

FLOOR,

DWARAKANAGAR,

VISAKHAPATNAM-530 016.

3. FOOD CORPORATION OF INDIA, HEAD QUARTERS, REP., BY ITS

MANAGING DIRECTOR, 16/20, BARAKHAMBA LANE, NEW DELHI- 110 001.

4. GOVERNMENT OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL

SECRETARY, MINISTRY OF AGRICULTURE, COOPERATION AND

MARKETING, SECRETARIAT, HYDERABAD.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto i) issue a writ of mandamus or any other appropriate writ, order

or direction set aside the demand notes issued by the FCI Visakhapatnam as per which Market Fee is levied on wheat purchased from Rajastan and exported through Visakhapatnam Port ii) issue a writ of declaration or any other appropriate writ, order or direction that no Market Fee is payable in case of wheat meant for export. iii) issue a writ of mandamus or any other appropriate writ, order or direct on directing the MMTC to pay the petitioner any amount of money withheld as Market Fee alongwith interest calculated at the rate of 18% per annum from the date when the payments to the petitioner ought to have been released. iv) issue a writ of prohibition or any other appropriate writ, order or direction restraining the MMTC from levying or passing on any amount of money towards Market Fee on wheat, issue any other writ, order or direction as may be deemed just and necessary in the fact and circumstances of the case in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to release the entire amount due to the petitioner without deduction of any amount towards agriculture market fee under the provisions of AP (Agriculture produce and livestock) Market Act, 1966, on export contract No.11 dated 8/8/2002

in the affidavit filed in support of the petition, the High Court may be pleased permit the Petitioner to implead Agricultural Market Committee, Vishakhapatnarn, Vidyuth Nagar, Door No. 49-55-19 Near Portstadiurn, Visakhapatanarn rep. by its Joint Director as Fifth Respondent in the main writ petition in the affidavit filed in support of the petition, the High Court may be pleased permit the Petitioner to implead Agricultural Market Committee, Vishakhapatnam, Vidyuth Nagar, Door No. 49-55-19 Near Portstadium, Visakhapatanarn rep. by its Joint Director as Fifth Respondent in the main writ petition Counsel for the Petitioner:

1. V HARI HARAN

Counsel for the Respondent(S):

1. KARTHIK RAMANA PUTTAMREDDY

2. KOTI REDDY IDAMAKANTI

3. CHINTAPALLI SRINIVAS

4. DANTU SRINIVAS

5. N PARAMESWARA REDDY

6. GP FOR COOPERATION

The Court made the following:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.17948 of 2004