HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.21826 of 2001 03-08-2005 Between: Kota Ranganayakulu and others. …Petitioners. And The Director of Agricultural Market Committee, Hyderabad and others. …Respondents. HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.21826 of 2001 ORDER : The petitioners are having Dal Mills at Vijayawada. It is the case of the petitioners that they purchased Dals and Pulses from Tamil Nadu, Karnataka, Maharashtra and Madhya Pradesh. When these goods are in transit from other States, they allege that respondents 2 to 27 are stopping the vehicle at the check-post for the purpose of collection of market fee under the provisions of Andhra Pradesh (Agricultural Produce & Livestock) Markets Committee Act, 1966 (for short ‘the Act’). They assail the said action of the respondents and seek a direction to the respondents not to collect any market fee from them for the goods that are in transit from other States. The question raised herein is squarely covered by a Division Bench judgment of this Court i n Modern Nutrition Company v. Agricultural Market Committee. After referring to the relevant provisions of the Act, the Division Bench observed as under. “The important expression, to attract action at the check-post in case of transport of any agricultural produce, livestock or products of livestock, is, “purchased or sold in the notified market area”. The condition that the agricultural produce, livestock or products of livestock were purchased or sold in the notified market area, do not in any manner change beyond the presumption in Explanation-I of Section 12 of the Act merely because a check-post is contemplated at which production of the receipt for the payment of prescribed fee in respect of notified agricultural produce, livestock or products of livestock to the market committee is contemplated. The expressions, following the above expression ‘purchased or sold in the notified market area’. ‘in respect of such notified agricultural produce…..to the market committee concerned’ clearly envisage that fee shall be realizable by the concerned market committee only if the agricultural produce, livestock or products of livestock are purchased or sold in the notified market area.” Following the same, the writ petition is allowed and the respondents are directed not to collect the market fee on the goods in transit purchased from other States and passing through the notified market area. However, if respondents 2 to 27 have collected any market fee, the petitioners are not entitled for refund of the same. No costs. _________________ (V.V.S. RAO, J.) 03-08-2005. Msr. HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.21826 of 2001 03-08-2005 (Msr)