IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24133 of 1995 Between: Sai Sea Foods, rep.by its Executive Partner K.SrinivasPrasad 24, Kirlampudi Layout Visakhapatnam-23 ..... PETITIONER AND 1 Agricultural Market Committee, rep.by its Secretary Visakhapatnam 2 Agricultural Market Committee, rep. by its Spl. Grade Secretary Vijayawada Krishna Dist. 3 Agricultural Market Committee, rep. by its Spl. Grade Secretary Tanguturu Prakasam Dist. 4 Agricultural Market Committee, rep. by its Spl. Grade Secretary Martur Prakasam Dist. 5 Agricultural Market Committee, rep. by its Spl. Grade Secretary Nellore Nellore Dist. 6 Agricultural Market Committee, rep. by its Spl. Grade Secretary Naidupet Nellore Dist. 7 Agricultural Market Committee, rep. by its Spl. Grade Secretary Medarmetla Addanki Prakasam Dt. 8 Agricultural Market Committee, rep. by its Spl. Grade Secretary Ravulapalem Kothapeta E.G.Dist. 9 Agricultural Market Committee, rep. by its Spl. Grade Secretary Eluru W.G.Dist. 10 Agricultural Market Committee, rep. by its Spl. Grade Secretary Kavali Nellore Dist. 11 Agricultural Market Committee, rep. by its Spl. Grade Secretary Ambajipeta E.G.Dist. 12 Agricultural Market Committee, rep. by its Spl. Grade Secretary Guntur Guntur Dist. 13 Agricultural Market Committee, rep. by its Spl. Grade Secretary Mangagiri Guntur Dist. 14 Agricultural Market Committee, rep. by its Spl. Grade Secretary Chilakampeta Guntur Dist. 15 Agricultural Market Committee, rep. by its Spl. Grade Secretary Singarayakonda, Kandukur Prakasam Dist. 16 Agricultural Market Committee, rep. by its Spl. Grade Secretary Anakapalle Vizag Dist. 17 Agricultural Market Committee, rep. by its Spl. Grade Secretary Yellamanchili Vizag Dist. 18 Agricultural Market Committee, rep. by its Spl. Grade Secretary Narsipatnam Vizag Dist. 19 Agricultural Market Committee, rep. by its Spl. Grade Secretary Tuni Visakhapatnam Dist. 20 Agricultural Market Committee, rep. by its Spl. Grade Secretary Rajahmundry E.G.Dist. 21 Agricultural Market Committee, rep. by its Spl. Grade Secretary Pithapuram E.G.Dist. 22 Agricultural Market Committee, rep. by its Spl. Grade Secretary Ramachandrapauram E.G.Dist. 23 Agricultural Market Committee, rep. by its Spl. Grade Secretary Mandapeta E.G.Dist. 24 Agricultural Market Committee, rep. by its Spl. Grade Secretary Tadepalligudem W.G.;Dist. 25 Agricultural Market Committee, rep. by its Spl. Grade Secretary Kovvur W.G.;Dist. 26 Agricultural Market Committee, rep. by its Spl. Grade Secretary Tanuku W.G.Dist. 27 Agricultural Market Committee, rep. by its Spl. Grade Secretary Kaikalur Krishna Dist. 28 Agricultural Market Committee, rep. by its Spl. Grade Secretary Vuyyuru Krishna Dist. 29 Agricultural Market Committee, rep. by its Spl. Grade Secretary Bapatla Guntur Dist. 30 Agricultural Market Committee, rep. by its Spl. Grade Secretary Chirala Prakasam Dist. 31 Agricultural Market Committee, rep. by its Spl. Grade Secretary TADA Prakasam Dist. 32 Agricultural Market Committee, rep. by its Spl. Grade Secretary Ongole Prakasam Dist. 33 Agricultural Market Committee, rep. by its Spl. Grade Secretary Vizianagaram 34 Agricultural Market Committee, rep. by its Spl. Grade Secretary Srikakulam 35 Agricultural Market Committee, rep. by its Spl. Grade Secretary Palacole W.G.Dist. 36 Agricultural Market Committee, rep. by its Spl. Grade Secretary Bhimavaram E.G.Dist. 37 Agricultural Market Committee, rep. by its Spl. Grade Secretary Bheemunipatnam (Bhimili) Vizag Dist. 38 Agricultural Market Committee, rep. by its Spl. Grade Secretary Repalle Guntur Dist. 39 Agricultural Market Committee, rep. by its Spl. Grade Secretary Machilipatnam Krishna Dist. 40 Agricultural Market Committee, rep. by its Spl. Grade Secretary Nagayalanka Krishna Dist. 41 Agricultural Market Committee, rep. by its Spl. Grade Secretary Kothapeta E.G.Dist. 42 Agricultural Market Committee, Amalapuram E.G.Dist. 43 Agricultural Market Committee, rep. by its Spl. Grade Secretary Kakinada E.G.Dist. 44 Govt. of A.P., rep. by its Secretary, Food & Agricultural Dept., Secretariat, Hyderabad 45 Govt. of India. rep. by its Secretary, Industries Dept., Central Secretariat, New Delhi .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of a writ of Mandamus declaring that the A.P.(Agricultural Produce and Livestock) Market Act, 1966 has no application to the prawn trade and accordingly declare that the petitioner is not liable to pay licence fee and market fee and interdict the respondents from taking any action against the petitioner including prosecution under the said Act, and pass Counsel for the Petitioner: MR.M.V.K.VISWANADHAM Counsel for the Respondent Nos.1 to 43: MR. BADANA BHASKAR RAO, SC FOR AGRL.MRKTING Counsel for the Respondent No.44 : G.P. for Food & Agriculture Counsel for the Respondent No.45: Sri A.Rajasekhara Reddy, Standing Counsel for Central Govt. The Court made the following : ORDER: The writ petition is filed seeking to declare that Andhra Pradesh (Agricultural Produce and Livestock) Market Act, 1966 (for short “the Act”) has no application to the prawn trade and to declare that the petitioner is not liable to pay licence fee and market fee and to interdict the respondents from taking any action against the petitioner under the said Act. When the matter came up today, the learned counsel for the petitioner submitted that the subject matter involved in this writ petition fell for consideration before the Apex Court in I.T.C. Ltd., Vs. Person Incharge, Agricultural Market Committee, Kakinada and others, wherein it was held that Market Committee is empowered to levy fees on the prawns under Section 12 of the A.P. (Agricultural Produce & Livestock) Markets Act (16 of 1966). Under the circumstances, following the said judgment, the writ petition is also dismissed for the same and similar reasons. No costs. ______________ N.V. RAMANA, J Date: 14-09-2004 Asp To: 1 The Secretary, Agricultural Market Committee, Visakhapatnam 2 The Spl. Grade Secretary, Agricultural Market Committee, Vijayawada, Krishna Dist. 3 The Spl. Grade Secretary, Agricultural Market Committee Tanguturu Prakasam Dist. 4 The Spl. Grade Secretary, Agricultural Market Committee, Martur Prakasam Dist. 5 The Spl. Grade Secretary, Agricultural Market Committee, Nellore Nellore Dist. 6 The Spl. Grade Secretary, Agricultural Market Committee, Naidupet Nellore Dist. 7 The Spl. Grade Secretary, Agricultural Market Committee, Medarmetla Addanki Prakasam Dt. 8 The Spl. Grade Secretary, Agricultural Market, Committee Ravulapalem, Kothapeta E.G.Dist. 9 The Spl. Grade Secretary, Agricultural Market Committee, Eluru, W.G.Dist. 10 The Spl. Grade Secretary, Agricultural Market Committee, Kavali Nellore Dist. 11 The Spl. Grade Secretary, Agricultural Market Committee, Ambajipeta E.G.Dist. 12 The Spl. Grade Secretary, Agricultural Market Committee, Guntur Guntur Dist. 13 The Spl. Grade Secretary, Agricultural Market Committee, Mangagiri Guntur Dist. 14 The Spl. Grade Secretary, Agricultural Market Committee, Chilakampeta Guntur Dist. 15 The Spl. Grade Secretary, Agricultural Market Committee, Singarayakonda, Kandukur Prakasam Dist. 16 The Spl. Grade Secretary, Agricultural Market Committee, Anakapalle Vizag Dist. 17 The Spl. Grade Secretary, Agricultural Market Committee, Yellamanchili Vizag Dist. 18 The Spl. Grade Secretary, Agricultural Market Committee, Narsipatnam Vizag Dist. 19 The Spl. Grade Secretary, Agricultural Market Committee, Tuni Visakhapatnam Dist. 20 The Spl. Grade Secretary, Agricultural Market Committee, Rajahmundry E.G.Dist. 21 The Spl. Grade Secretary, Agricultural Market Committee, Pithapuram E.G.Dist. 22 The Spl. Grade Secretary, Agricultural Market Committee, Ramachandrapauram, E.G.Dist. 23 The Spl. Grade Secretary, Agricultural Market Committee, Mandapeta E.G.Dist. 24 The Spl. Grade Secretary, Agricultural Market Committee, Tadepalligudem, W.G.Dist. 25 The Spl. Grade Secretary, Agricultural Market Committee, Kovvur W.G.;Dist. 26 The Spl. Grade Secretary, Agricultural Market Committee, Tanuku W.G.Dist. 27 The Spl. Grade Secretary, Agricultural Market Committee, Kaikalur Krishna Dist. 28 The Spl. Grade Secretary, Agricultural Market Committee, Vuyyuru Krishna Dist. 29 The Spl. Grade Secretary, Agricultural Market Committee, Bapatla Guntur Dist. 30 The Spl. Grade Secretary, Agricultural Market Committee, Chirala Prakasam Dist. 31 The Spl. Grade Secretary, Agricultural Market Committee, TADA Prakasam Dist. 32 The Spl. Grade Secretary, Agricultural Market Committee, Ongole, Prakasam Dist. 33 The Spl. Grade Secretary, Agricultural Market Committee, Vizianagaram 34 The Spl. Grade Secretary, Agricultural Market Committee, Srikakulam 35 The Spl. Grade Secretary, Agricultural Market Committee, Palacole W.G.Dist. 36 The Spl. Grade Secretary, Agricultural Market Committee, Bhimavaram E.G.Dist. 37 The Spl. Grade Secretary, Agricultural Market Committee, Bheemunipatnam (Bhimili) Vizag Dist. 38 The Spl. Grade Secretary, Agricultural Market Committee, Repalle Guntur Dist. 39 The Spl. Grade Secretary, Agricultural Market Committee, Machilipatnam Krishna Dist. 40 The Spl. Grade Secretary, Agricultural Market Committee, Nagayalanka Krishna Dist. 41 The Spl. Grade Secretary, Agricultural Market Committee, Kothapeta E.G.Dist. 42 The Spl. Grade Secretary, Agricultural Market Committee, Amalapuram E.G.Dist. 43 The Spl. Grade Secretary, Agricultural Market Committee, Kakinada E.G.Dist. 44 The Secretary, Govt. of A.P., Food & Agricultural Dept., Secretariat, Hyderabad 45 The Secretary, Govt. of India Industries Dept., Central Secretariat, New Delhi 46. Two C.Cs. to the G.P. for Food and Agriculture, High Court of A.P, Hyderabad (OUT) 47. Two C.D. copies