IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NOs. 16365, 16578, 16607, 16677, 16895, 17367, 17392, 17745, 17826,17902, 17972, 19238, 19247, 19534, 20009, 20132, 20219, 20803, 20879, 23382, 23391, 23676, 23685, 24021, 24808, 27287 of 2003 and 1035, 1293, 1463, 2103, 4003, 4935, 6881, 7085, 7464, 7691, 10515, 12213, 12442, 13732, 14466, 16383, 20185 of 2004 WRIT PETITION NO : 16365 of 2003: Between: 1 M/s. Soujanya Par Boiling Industries, H.No. 4-2-29, Venkatagiri Road, Khammam, rep. by its Managing Partner, Atmakuri Ramaswamy 2 M/s.Sai Laxmi Par Boiled Rice Industries Nelakondapally, rep. by its Managing Partner, Gella Jagan Mohan Rao 3 M/s. Bhavani Par Boiled Modern Rice Mill Nelakondapally, rep. by its Managing Partner, Vangaveti Rama Rao 4 M/s. Sri Sai Ram Par Boiled Modern Rice Industry, Nelakondapally, rep. by its Managing Partner, Kotha Janardhan Rao 5 M/s. Laxmi Srinivasa Parboiled Rice Mill Nelakondapally, rep. by its Managing Partner, Devisetty Veerabhadram 6 M/s. Anjani Nutritious Industries Thanikella, rep. by its Managing Partner, B. Ramakrishna 7 M/s. Balaji Boiled Rice Mill, Sudimalla, Yellandu, rep. by its Managing Partner, R. Jugul Kishore Khandelwal 8 M/s. Mittapalli Narayana & Co., Khammam, rep. by its Managing Partner, Mittapalli Muralikrishna 9 M/s. Mahalaxmi Trading Corporation, Khammam, rep. by its Managing Partner, Kuruvella Rama Rao 10 M/s. Om Sri Laxmi Parboiled Rice Industries, Khammam, rep. by its Managing Partner, K. Satyanarayana 11 M/s. Sri Vijayalaxmi Parboiled Industry, Wyra, rep. by its Managing Partner, Dodda Koteswar Rao 12 M/s. Sri Venkata Sai Raghavendra Rice Products, Khammam, rep. by its Managing Partner, V. Laxmi Narayana 13 M/s. Sri Rama Modern Parboiled Rice Mill, Khammam, rep. by its Managing Partner, B. Rajeswar Rao 14 M/s. Sri Raghavendra Modern Parboiled Industry, Khammam, rep. by its Managing Partner, B. Rajeswar Rao 15 M/s. Dhanya Laxmi Trading Company, Khammam, rep. by its Managing Partner, V. Rangaiah 16 M/s. Sri Vyshnavi Rice Products, Khammam, rep. by its Managing Director, K. Bhagiradh 17 M/s. Shanthi Parboiled Drying Plant, Khammam, rep. by its Managing Partner, Maddineni Kotaiah 18 M/s. Vasundhara Parboiled Modern Rice Mill, Khammam, rep. by its Managing Partner, Ch. Satyam Babu 19 M/s. Venugopal Balaji Trading Company, Khammam, rep. by its Managing Partner, R. Om Narayana 20 M/s. Vijayalaxmi Modern Parboiled Drying Plant, Khammam, rep. by its Managing Partner, Devatha Raja Rao 21 M/s. Vijayalaxmi Rice Industries, Khammam, rep. by its Managing Partner, G. Umamaheswar Rao 22 M/s. Sri Laxmi Prasanna Rice Industry, Khammam, rep. by its Managing Partner, Chenna Rama Rao 23 M/s. Laxmi Satyanarayana Swamy Parboiled Modern Rice Mill, Khammam, rep. by its Managing Partner, K. Thirumala Rao 24 M/s. Sri Rajyalaxmi Rice Mill (Parboiled), Khammam, rep. by its Managing Partner, Ch. Narasimha Rao 25 M/s. Ushasri Parboiled Modern Rice Mill, Khammam, rep. by its Managing Partner, Pendyala Venkateswarlu 26 M/s. Krishna Arjuna Parboiled Rice Mill (P) Limited, Khammam, rep. by its Managing Director, G. Venkateswarlu ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Law & Legislative Affairs, Secretariat, Hyderabad 2 Government of Andhra Pradesh, rep. by its Secretary, Food & Agriculture (Marketing) Department, Secretariat, Hyderabad 3 The Director of Marketing, Government of Andhra Pradesh, Hyderabad 4 The Agricultural Market Committee, Khammam, rep. by its Special Grade Secretary .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare the action of the respondents in identifying the rice as agricultural produce for purpose of levy of market fee under the provisions of A.P. Agricultural (Produce and Live Stock) Market Act, 1966 as arbitrary and illegal by issuing appropriate writ of mandamus or direction and further direct the respondents not to insist the petitioners to pay market fee on rice milled out of paddy, if necessary for granting a declaration that rice is not an agricultural produce within the meaning of A.P. Agricultural (Produce and Live Stock) Market Act, 1966. Counsel for the Petitioner: MR.M.V.S.SURESH KUMAR Counsel for the Respondents 1 to 3:G.P.FOR AGRICULTURE Counsel for Respondent NO.4:MR N.RAMACHANDRA RAO (Standing Counsel for Agricultural Market Committees) WRIT PETITION NO : 16578 of 2003 Between: 1 M/s. Laxmi Venkataramana Binny Rice Mill rep. by its by its Managing Partner S.Mallesam S/o Pentaiah, Dhanoora Village, Tekmal Mandal, Medak District. 2 Sri Rajeswari Traders Mambojipally rep. by its Proprietor, B. Ravinder, S/o. Venkatesam, Medak Mandal and District. 3 M/s. Sri Sai Binny Rice Mill rep. by its Managing Partner S. Satyanarayana, S/o. Ramulu,Venkatapur Village, Medak Mandal & District. 4 M/s. Sri Bhavani Rice Mill, Rep. by its Managing Partner, E. Ramesh, S/o. Pochaiah, Kothapalli Village, Papampet Mandal, Medak District. 5 M/s. Chamundeswari Rice Mill, Rep. its Partner M. Chandraiah, S/o. Shankaraiah, Pillikotyal Village, Medak District. 6 M/s. Mallikarjuna Binny Modern Rice Mill, Rep. by its Proprietor E.Rajalingam, Shankarampet Mandal, Medak District. 7 M/s. Sivadatta Modern Binny Rice Mill, Rep. by its Proprietor, K. Srinivas, S/o. Sangaiah, Shivaipalli Village, Shankarampet Mandal, Medak District 8 M/s. Laxmi Ganapathy Trading Company, Rep. by its Proprietor, B. Nagaraj, S/o. Lingamaiah, H/o Ghanapur Village, Medak Mandal & District. 9 Sri Annapurna Binny Modern Rice Mill, Rep. by its Proprietor, B. Laxman, S/o. Lingamaiah, H/o Ghanapur Village, Medak Mandal & District. 10 M/s. Annapurna Binny Rice Mill, Rep. by its Proprietor, U. Mallesham, S/o. Eswaraiah, Rampur Village, Kulcharam Mandal, Medak District. 11 M/s. Sri Sai Balaji Binny Rice Mill, Rep. by its Partner, R. Narasimhulu, S/o. Veeraiah,Venkatapuram Village & Mandal, Medak District. 12 Sri Laxmi Industries, Rep.by its Managing Partner K.Venkateswara Rao, S/o. Ramakrishna Reddy, Yusufpet Village, Papannapet Mandal, Medak District. 13 M/s. Siva Sai Binny Rice Mill, Rep. by its Proprietor, A. Baivardas, S/o. Shankaraiah, Veldurthi Village & Mandal, Medak District. 14 M/s. Laxmi Venkataramana Binny Rice Mill, Rep. by its Proprietor, B. Balaram, S/o. Venkatesam, H/o Ghanapur Village & Mandal, Medak District. 15 M/s. Sri Venkataramana Rice and Phova Mill, by its Proprietor T. Harinath, S/o. Late Venkatanarayana, H.D. Road, Medak, Medak District. 16 M/s. Ganesh Modern Rice Mill, Rep. by its Managing Partner, R. Ravinder, S/o. Ramanaiah, Medak. 17 Durgabhavani and Company, Rep. by its Proprietor Ch. Raju, S/o. Rajamallaiah, Nawabpet Road, Medak. 18 M/s. Saraswati and Company, Rep. by its Proprietor, B. Seshadri, S/o. Nagaiah, Medak. 19 M/s. Sri Ramanjaneya Binny Rice Mill, Rep. by its Proprietor T. Ravinder, S/o. Rajaiah, Pathur Village, Medak Mandal & District. 20 Sri Ganesh Binny Modern Rice Mill, Rep. by its Proprietor, A. Chandrasekhar, S/o. Sankaraiah, Sardhana Village, Medak Mandal & District. 21 M/s. Sri Vaishnavi Trading Company, Rep. by its Partner V. Raju, S/o. Narasaiah, Haveli, Ghanapur Village, Medak Mandal & District. 22 M/s. Uma Maheswari Trading Company, Rep. by its Proprietor, A. Krishna Murthy S/o. Pandurangam, Medak. 23 M/s. Shahediya Binny Modern Rice Mill, Rep. by its Proprietor, Sd. Aziz, S/o. Afzal, Tekmal Village & Mandal, Medak District. 24 Sri Bhargavi Traders, Rep. by its Partner, M.Sudarshan, S/o. Jagannatham, Narsing Village, Papannapet Mandal, Medak District. 25 Sri Sai Traders, Rep. by its Partner, M. Sudarsam, S/o. Jagannatham, Yellampet Village, Tekmal Mandal, Medak District. 26 M/s. Devi Binni Rice Mill, Rep. by its Proprietor N. Ramesh, S/o. Venkatakrishnaiah, Pathur Village, Medak Mandal & District. 27 M/s. Gayatri Industries Par Boiled Rice Mill, Rep. by its Partner M. Shanker, S/o. Chandraiah, H. Ghanapur Village & Mandal, Medak District. 28 M/s. Dhanavarsha Traders, Rep. by its Partner, P. Venkateswarlu, S/o. Sambaiah, Narsing Village, Papannapet Mandal, Medak District. 29 Sri Sai Lakshmi Narasimhaswamy Binny Rice Mill, Rep. by its Partner, K. Satyanarayana, S/o. Balaiah,Yeswaraopet Village, Veldurti Mandal, Medak District. 30 M/s. Sai Binny Rice Mill, Rep. by its Partner K.Rameshchander, S/o.Ramulu, Yeldurthi Village & Mandal, Medak District. 31 M/s. Manasa Traders, Rep. by its Proprietor K. Giri, S/o. Pandurangam, Medak. 32 M/s. Raghavendra Binny Rice Mill, Rep. by its Partner Srinivasa Reddy, S/o. Mohan Reddy,Yeldurti Village & Mandal, Medak District. 33 M/s. Dhana Laxmi Binny Rice Mill, Rep. by its Partner, K. Vinod, S/o. Vittal, Kakanur Village, Yeldurti Mandal, Medak District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Food & Agriculture (Marketing) Department, Secretariat, Hyderabad, 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, Rep. by its Secretary, Medak. 4 The Agricultural Market Committee, Ramayampet, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ of Mandamus or any other appropriate Writ or Direction declaring that the rice is not an agriculture produce and therefore item 2 of Section 2 of Schedule II of the A.P.(Agricultural Produce and Livestock) Market Act 1966 is bad in law and ultra virus section 2(1) of the Act and strike down item 2 of Schedule II of the Act and to declare that stopping or otherwise obstructing the movement rice by the respondents at the check post or any other places demanding and collecting market fee from the petitioners is illegal and beyond the scope of Rule 75 and ultra virus Section 12 of the Act. Counsel for the Petitioners:MR.O.MANOHER REDDY Counsel for the Respondent No.1: GP FOR AGRICULTURE Counsel for Respondents 2 to 4:Mrs Nanda R.Rao, (Standing Counsel for Agricultural Market Committees) WRIT PETITION NO : 16607 of 2003 Between: 1 M/s. Sri Mallikarjuna and Co. Rep. by its Partner, M.Rajamouli, S/o Gowraiah, Narsapur Road, Siddipet, Medak District. 2 M/s. Sai Siva Rice Mill, Rep. by its Partner, Bijjala Amarnath, S/o. Seshaiah, Siddipet, Medak District. 3 M/s. Raja Rajeswara Para Boiled Rice Mill, Rep. by its Partner A.Srinivas, S/o.Balaiah, Siddipet, Medak District. 4 M/s. Raghavendra Rice Mill, Rep. by its Partner A. Srinivas, S/o.Balaiah, Siddipet, Medak District. 5 M/s. Maheswar Rice Mill, Rep.by its Partner,Gampa Gopinath, S/o. Murlaiah, Siddipet, Medak District. 6 M/s. Yagneswara Rice Mill, Rep. by its Partner, P. Suryanarayana, S/o. Shankaraiah, Narsapur Road, Siddipet, Medak District. 7 M/s. Raja Laxmi Traders. Rep.by its Partner, E. Ravinder,S/o. Venkatesulu Hanuman Nagar, Siddipet, Medak District. 8 M/s. Santoshi Modern Rice and Oil Mill, Rep. by its Partner, S. Praveen Kumar, S/o. Chautaiah, Narsapur Road, Siddipet, Medak District. 9 M/s. Sri Venkateswara Oil and Modern Rice Mill, Rep. by its Partner, Ch. Veeresam, S/o.Rajesham, Narsapuram Road, Siddipet, Medak District. 10 M/s. Nandeeswara Modern Rice and Oil Mill, by its Partner, E. Ravinder, S/o. Venkateswarlu, Siddipet, Medak District. 11 M/s. Sri Kondandarama Industries, Rep. by its Partner M.Ramamohan, S/o.Venkateswarlu, Siddipet, Medak District. 12 M/s. Ambica Industries, Narsapur Village, Siddipet Mandal, Medak District, rep. by its Partner, P.Balakrishnal, S/o.Kondaiah. 13 M/s.Tripura Sundari Modern Rice and Oil Mill, Rep. by its Partner, Ramachanran Maddisetti, S/o.Chandramouli, Narsapuram Village, Siddipet Mandal, Medak District. 14 M/s. Bhanodaya Rice Industries, Rep. by its Partner, Ch.Sridhar Babu, S/o.Sekharam,Narsapur Village, Siddipet Mandal,Medak District. 15 M/s. Jagadamba Industries Human Nagar, Rep. by its Partner, Y.Rajesham, S/o.Bharaiah,Narsapur Village, Siddipet Mandal,Medak District. 16 M/s. Ganesh Rice Mill, Rep.by its Partner, Murrampsetty Srinivas, S/o. Narayana, Narsapur, Siddipet Manal, Medak District. 17 M/s. Nataraj Modern Rice, Oil Mill and Parboiled, Narsapur Road, Siddipet, Medak District,Rep. by its partner, Gande Venkatesu,S/o. Kotaiah. 18 M/s. Raghurama Industries, Rep. by its partner, Methooku Krishna Murthy, S/o. Venkata Narsaiah, Narsapur Road, Siddipet, Medak District. 19 M/s. Narmada Industries, Rep. by its partner, Kysa Rajeetkumar, S/o Yadaguru, Hanuman Nagar, Siddipet, Medak District. 20 Chiluveru Siddi Ramulu, S/o. Sivarajaiah, Siddipet, Medak District. 21 M/s. Thirumala Grain Merchant, Rep. by its Partner, Ch. Srinivas, S/o.Rajesham, Siddipet, Medak District. 22 Uma Shankar Oil and Rice Mill, Rep. by its Partner, Nethi Shiva Kumar, S/o. Mallaiah, Prasant Nagar, Siddipet, Medak District. 23 Annadata Agro Products, Rep. by its Partner, Girinder Rao, S/o. Narasinga Rao,Gadicharlapally, Siddipet Mandal,Medak District. 24 M/s. Jagannath Trading Co. Rep. by its Proprietor, Gopal Bajaj, S/o.Kanuyalal Bajaj, Siddipet Mandal, Medak District. 25 M/s. Sri Vijaya Durga Industries, Rep. by its Partner, Mankala Bikshapati, S/o.Veera Mallaiah, Siddipet, Medak District. 26 M/s. Mahadev Trading Co. Rep. by its Partner, T.Venugopal, S/o.Rajesham, Siddipet Mandal, Medak District. 27 M/s. Nagendra Traders, Rep. its Propretor, E.Lingamurthyu, S/o.Narayana, Siddipet, Medak District. 28 M/s. Sri Bhavani Venkateswara Binni Rice Mill, Rep. by its Partner, K.Venkatarajam, S/o.Kondaiah, Narasapur Village, Siddipet Mandal, Medak District. 29 M/s. Umamaheswara Binny Rice Mill, Rep. by its Partner, S.Venkatesu, S/o.Lingaiah, Hanuman Nagar, Siddipet Mandal, Medak District. 30 M/s. Sri Rajya Lakshmi Industries, Rep. by its Partner, P.Anjaiah, S/o.Sambaiah,Hanuman Nagar, Siddipet Mandal, Medak District. 31 M/s. Sambasiva Binny Rice Mill, Rep. by its Partner, A.Mallesh, S/o.Ramulu,Hanuman Nagar, Siddipet Mandal, Medak District. 32 M/s. Saraswati Modern Rice and Oil Mill, Rep. by its Partner, K.Kasinath, S/o.Venkatesu, Siddipet Mandal, Medak District. 33 M/s. Sri Saraswathi Industries, Rep. by its Partner, K.Kasinath, S/o.Venkatesu,Hanuman Nagar, Siddipet Mandal, Medak District. 34 M/s. Hari Hara Industries Rep. by its Partner, B.Upendra, S/o.Venkatesu, Lingareddypally, Siddipet Mandal, Medak District. 35 M/s. Sri Visweswara Rice and Oil Mill, Rep. by its Partner, K.Mallikarjun, S/o.Lingam, Prasanth Nagar, Siddipet Mandal, Medak District. 36 M/s. Koora Venkatesham Gari Pandharinath and Sons Rice Industries, Rep. by its Partner, K.Kesavulu, S/o.Pandarinath, Siddipet Mandal, Medak District. 37 M/s. Sri Seeta Ramanjaneya Rice Paraboiled Rice and Oil Mill, Rep. by its Partner, K.Pandarinath, S/o.K.Venkatesam, Narsapur Village, Siddipet Mandal, Medak District. 38 M/s. Balaji Industries, Rep. by its Managing Partner, T.Venugopala Rao, S/o.Susya Rao, Gadicherlapally Village, Siddipet Mandal, Medak District. 39 M/s. Gopalakrishna Traders, Rep. by its Proprietor, K.Shividu, S/o. Nagabhushanam,Gadicharlapally, Siddipet Mandal, Medak District. 40 M/s K.Veeranna Rice Mill, Rep. by its Partner, K.Harikishore, S/o. Veeresam, Gadicharlapally, Siddipet Mandal, Medak District. 41 M/s. Aitha Rajamouli, Rep. by its Proprietor, A.Chandu, S/o. Lingam, Siddipet, Medak District. 42 M/s. Sri Srinivasa Modern Rice Mill, Rep. by its Ganpa Jyothirlinga Prasad, S/o. Lingam, Karimnagar Road, Siddipet, Medak District. 43 Juluri Srinivas and Brothers, Rep. by its Proprietor, Juluri Anjaiah, S/o. Rangaiah, Siddipet, Medak District. 44 M/s. Venkata Sai Traders, Rep. by its Proprietor Kamagothu Srinivas S/o. Naga Veeresam, Siddipet, Medak District. 45 M/s. Sri Bhagya Lakshmi Traders, Rep. by its Partner, Konduri Ravinder, S/o. Veera Mallaiah,Siddipet, Medak District. 46 M/s. Sri Rama Binny Rice Industry and Parboiled Husnabad Road Rep. by its Partner, Bukka Ramesh, S/o. Ragaiah,Siddipet, Medak District. 47 M/s Annapurna Mordern Rice Mill, Rep. by its Partner, Uppala Srinivas, S/o. Balaiah, Siddipet, Medak District. 48 M/s Hanuman Industries, Rep. by its Partner, Chikoti Srinivas, S/o. Balaiah,Siddipet, Medak District. 49 M/s. Sri Raja Rajeswari Industries Dubbaka Village and Mandal,Medak District, rep.by its Partner, C. Kashinath,S/o. Chandramouli 50 M/s. Uma Shankar Traders Dumpalapally Village, Dubbaka Mandal, 51 M/s. Durga Bhavani Industries Dumpalapally Village, Dubbaka Mandal, 52 M/s. Sri Venkateswara Modern Rice Mill Dumpalapally Village, Dubbaka Mandal, Medak Dist. by its Partner, Krishna Murthy, S/o. Antaiah. 53 M/s. Gopi Krishna Rice Mill Chittapur Village, Dubbaka Mandal, Medak Dist. by its Partner, M. Mallikarjuna,S/o.Pentaiah 54 M/s Annapurna Binny Rice Mill Peddagundavally Village, Dubbaka Mandal,Medak Dist. by its Managing Partner,M. Ramesh, S/o. Antaiah 55 M/s. Shri Mahalakshmi Binny Modern Rice Mill, Lachhapet, Dubbaka Mandal, Medak Dist. by its Partner,Y. Raju, S/o. Rajesham 56 M/s. Maheswara Rice Mill Lachhapet Village, Dubbaka Mandal, 57 M/s. Padmalaya Modern Rice Mill Nagunoor Village and Mandal, 58 M/s. Rajarajeswari Modern Binny RiceMill Nangunoor Village & Mandal, 59 M/s. Sri Venkateswara Traders Mirdoddy Village and Mandal, .... PETITIONERS AND 1 The Government of Andhra Pradesh, Food and Agriculture (Marketing) Department, rep. by its Secretary, Secretariat, Hyderabad. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, Rep. by its Secretary, Siddipet, Medak District. 4 The Agricultural Market Committee, Dubbaka, Medak District. 5 The Agricultural Market Committee, Thouguta Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ of mandamus or any other appropriate writ or direction declaring that the rice is not an agriculture produce and therefore item 2 of section 2 of schedule II of the A.P. (Agricultural Produce and Livestock) Market Act 1966 is bad in law and ultra virus section 2 (1) of the Act and Strike down item 2 of schedule II of the Act and to declare that stopping or otherwise obstructing the movement of rice by the respondents at the check post or any other places demanding and collecting market fee from the petitioners is illegal and beyond the scope of Rule 75 and ultra virus section 12 of the Act. Counsel for the Petitioners:MR.O.MANOHER REDDY Counsel for the Respondent 1 & 2: GP FOR AGRICULTURE Counsel for Respondents 3 to 5: Mrs Nanda R.Rao, (Standing Counsel for Agricultural Market Committees) WRIT PETITION NO : 16677 of 2003 Between: 1 Sri Raja Rajeswari Par Boiled Rice Industries, Narsapur Road, Siddipet, Rep.by its Partner Rajeswar, P.B. Kamani Krishnamurthy, S/o. Malliah. Medak District. 2 M/s. Shiva Sai Industries, Mandapalli Village, Chinna Kenduru Mandal, Siddipet Mandal, Medak District, Rep.by its Managing Partner Yasala Vittal, S/o.Bhadraih. 3 M/s. Anjaneya Industries, Mandapalli Village, Siddipet Mandal, Medak District, Rep. by its Managing Partner, A. Yella Rao, S/o.Narayana Rao. 4 Gowri Shankar Industries, Rngadampalli Village, Siddipet Mandal, Medak District rep.by its Managing Partner, A. Yella Rao, S/o.Narayana Rao. 5 Vasavi Par Boiled Rice Industries, Mandapalli Village, Chinna Konduru Mandal, Medak District, Rep. by its Partner Madhusudhan, S/o. Viswanatham. 6 M/s. Kanakadurga Industrie, Mandapalli Village, Chinna Konduru Mandal, Medak District, Rep.by its Partner K. Rajesam, S/o.Laxmaiah. 7 M/s. Sai Shankar Industries, Mandapalli Village, Siddipet, Medak District. Rep.by its Partner M. Jayaramulu, S/o. Lingaiah. 8 M/s. Sivakarana Par Boiled Rice Mill, Lingareddypalli Village, Siddipet, Medak District, Rep.by its Partner G.Srinivas, S/o. Anjaiah. 9 M/s. Vishnupriya Industries, Mandapalli Village, Chinna Konduru Mandal, Medak District, Rep. by its Partner C. Srinivas, S/o. Rudraiah. 10 M/s. Harikrishna Traders, Siddipet, Medak District,Rep. by its Proprietor, G. Raveendra Kumar, S/o. Lingam Gupta, 11 M/s. Vighneswara Trading Company, Siddipet,Medak District, Rep.by its Proprietor G. Ramachandram, S/o. Gopaiah. 12 M/s. Janani Traders, Siddipet, Medak District, Rep.by its Partner C.Sridhar, S/o. Venkatesam. 13 M/s. KNV Traders, Siddipet, Medak District, Rep. by its Partner K. Dayakar, S/o. Viswanatham. 14 M/s. Gayatri Industries,Chinnagundavalli Village, Siddipet Mandal, Medak District, rep.by its Proprietor U. Bhoopathi, S/o. Balaiah. 15 M/s. Jayasri Industries, Siddipet, Medak District, rep.by its Partner K. Krishna Murthy , S/o. Mallaiah. 16 M/s.Sudarshan Traders, Narsapuram Village, Siddipet Mandal, Medak District.Rep. by its Partner C. Srinivas, S/o. Rajalingam. 17 Sri Venkataramana Industries, Siddipet, Medak District. Rep.by its MaSri Sekaram, S/o. Venkatesam. 18 M/s. Bhramarambha Par Boiled Rice Mills, (P) Ltd., Siddipet, Medak District, rep.by its Director, K. Chandrasekhar, S/o. Viswanatham. 19 M/s. Umashankar Binny Rice Mill, Chinna Konduru Village & Mandal, Medak District. by its Partner T.Chandram, S/o.Rajesam. 20 M/s. Chamundeswari Traders, Siddipet Village and Mandal, Medak District. Rep. by its Proprietor, P. Srikanth, S/o. Krishna Murty. 21 M/s. Durga Bhavani Industries, Lingareddypalli Village, Siddipet Mandal, Medak District. by its Partner N. Srinivas, S/o. Nagaiah. 22 M/s. Durga Sai Industries, Chnnagundavalli Village, Siddipet Mandal, Medak District. rep. by its Managing Partner, N. Srinivas, S/o. Nagaiah. 23 Haripriya Corporation, Siddipet, Medak District, rep. by its Proprietor, R. Chandrasekhar, S/o. Narayana. 24 Shiva Shakti Industries, Dubbaka Village and Mandal, Medak District. Rep.by its Partner N. Nagaralu , S/o. Rajaiah. 25 Neelakanteswara and Company, Dubbaka Village and Mandal, Medak District, rep. by its Proprietor Neelakanteswara, Choleti Ramesh, S/o. Shankaraiah. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Food and Agriculture (Marketing) Department, Secretariat, Hyderabad. Rep. by its Secretary. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, Siddipet, Medak District, rep. by its Secretary. 4 The Agricultural Market Committee, Dubbaka, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ of mandamus or any other appropriate writ or direction declaring that the rice is not an agriculture produce and therefore item 2 of Section 2 of schedule II of the A.P. (Agricultural Produce and Livestock) Market Act 1966 is bad in law and ultra virus section 2(1) of the Act and strikes down item 2 of schedule II of the Act and to declare that stopping or otherwise obstructing the movement of rice by the respondent at the check post or any other places demanding and collecting market fee from the petitioners is illegal and beyond the scope of Rules 75 and ultra virus section 12 of the Act and pass. Counsel for the Petitioners:MR.O.MANOHER REDDY Counsel for the Respondents 1 & 2: GP FOR AGRICULTURE Counsel for Respondents 3 & 4:MRS.NANDA R. RAO (Standing Counsel for Agricultural Market Committees) WRIT PETITION NO : 16895 of 2003 Between: 1 M/s. Om Venkat Sai Binny Rice Industry, Rep. by its Managing Partner, Voruganti Venkatswar Rao, Khammam. 2 M/s. Sri Vijayalaxmi Rice & General Merchants, rep. by Managing Partner, Kunchaparthi Murali,Khammam. 3 M/s. Sri Laxmi Traders, represented by its Managing Partner, M. Shanker Rao, Khammam, 4 M/s Sri Ramakrishna Traders, rep. by its Managing Partner Rayapudi Satyanarayana,Khammam. 5 M/s.Bavirisetty Mallikarjuna Rao Rice & General Merchant, rep. by its Managing Partner, Bavirisetty Mallikarjuna Rao, Khamma, 6 M/s.Sri Sai Ram Rice & General Merchants, represented by its Managing Partner B. Madhu Kumar, Khamma. 7 M/s. Thirumala Rice & General Merchants, represented by its Managing Partner S. Ramakrishna, Khammam. 8 Sri Sainath Modern Rice Mill, represented by its Managing Partner B. Satyam, Khammam. 9 M/s. Hanuman Parboiled Modern Rice Industries, Rep. by its Managing Partner K. Veerabhadra Rao, S/o. Mallikarjuna Rao. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Law & Legislative Affairs,Secretariat, Hyderabad. 2 Government of Andhra Pradesh, Rep. by Secretary, Food & Agricultural (Marketing) Department, Secretariat,Hyderabad. 3 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 4 The Agricultural Market Committee, Rep. by its Special Grade Secretary, Khammam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare the action of the respondents in identifying rice as agriculture produce for the purpose of levy of market fee under the provisions of A.P. Agricultural (Produce & Live Stock) Markets Act.1966 as arbitrary and illegal by issuing appropriate Writ of Mandamus or direction and further direct the respondents not to insist the petitioners to pay market fee on rice milled out of paddy, by granting a declaration that rice is not an agricultural produce within the meaning of A.P. Agricultural (Produce & Live Stock) Markets Act, 1966. Counsel for the Petitioners:MR.M.V.S.SURESH KUMAR Counsel for the Respondents 1 to 3 : GP FOR AGRICULTURE Counsel for Respondent No. 4:MRS.NANDA R. RAO (Standing Counsel for Agricultural Market Committees) WRIT PETITION NO : 17367 of 2003 Between: 1 M/s V. Gavarraju, V. Narasimha Murthy & Others Rep. by its Managing Partner,Alamur, East Godavari District 2 M/s Karri Venkata Ramana Reddy & Others Rep. by its Managing Partner Angara East Godavari District 3 M/s Sri Chakravarthi Traders, Rep. by its Managing Partner West Kandrika, Kapileswarapuram Mandal East Godavari District 4 M/s Satyanarayana Traders, Rep. by its Managing Partner Modukur, Alamuru Mandal, East Godavari District 5 M/s Sri Devi Traders, Rep. by its Managing Partner Near Water, Mandapeta, East Godavari District 6 M/s V.V. Chowdary & Others rep. by its Managing Partner Mandapeta, East Godavari District, East Godavari District 7 M/s Sri Srinivasa Rice Mill,. Rep. by its Managing Partner Mandapeta, East Godavari District, East Godavari District 8 Vanka Satyanarayana & Others, Rep. by its Managing Partner Chintalur, Alamur Mandal, East Godavari District 9 M/s Bhavani Traders, Rep. by its Managing Partner Maredubaka,. Mandapeta Mandal, East Godavari District 10 M/s Nallamilli Krishna Reddy & Others Rep. by its Managing Partner Yedida, Mandapeta Mandal, East Godavari District 11 M/s Nallamilli Venkata Krishna Reddy & Others Rep. by its Managing Partner,Yedida, Mandapeta Mandal, East Godavari District 12 M/s Nallamilli Vijayabhaskara Reddy & Others Rep. by its Managing Partner,Yedida, Mandapeta Mandal, East Godavari District 13 M/s Maaruthi Traders, Rep. by