THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.14080 OF 2009 ORDER: The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue an appropriate writ order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents herein in levying and collecting the market fee on the Cashews purchased by the petitioner Industries outside the notified areas of respondent No.2 as arbitrary, illegal, capricious and violative of the provisions of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 and without jurisdiction and consequently direct the respondents not to levy and collect the market fee on the cashews at check posts contrary to the provisions of the Act 16 of 1966 and pass such other orders as may deem fit and proper in the circumstances of the case.” 2 When the matter is taken up for hearing, it is brought to the notice of this court by the learned counsel for the petitioner that this court, in similar circumstances, disposed of W.P.No.10979 of 2009, wherein this court observed thus: “If the petitioner claims that the cashew nuts are being purchased by it from outside the notified market area and that no sale or purchase transactions are taking place within the notified market area of respondents 2 and 3, it is not liable for levy of such market fee. Therefore, as and when the respondents make a demand of such market fee, the petitioner is entitled to produce proof of purchase of the cashew nuts outside the market area to show that no sale or purchase transactions have taken place within the market areas of respondents 2 and 3. Subject to showing the proof, the respondent Nos. 2 and 3 shall not levy any market fee on such transactions.” 3 Accordingly this Writ Petition is disposed of with a direction to the respondents that they shall not insist upon the petitioner for payment of the market fee for the sale or purchase of the cashew nuts outside the notified area, and as and when the respondents make a demand of such market fee, the petitioner is entitled to produce that the cashew nuts are purchased outside the notified area. However, it is made clear that as and when the petitioner tries to sell the cashew nuts within the area of operation of the second respondent, it is open to the second respondent – Market Committee to demand the market fee from the petitioner. No order as to costs. ------------------------------ 12.11.2009 kvsn