IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.14758 of 1996 Between: Asian Sea Foods Limited, Represented by its Excecutive Director Sri U.V.Ramakrishna, ..... PETITIONER AND 1 Agricultural Market Committee, rep.by its Secretary. Visakapatnam. 2 Agricultural Market Committee, Vijayawada , Krishna Dist. Rep. by its Special Grade Secretary. 3 Agricultural Market Committee, Tanguturu, Prakasam Dist. Rep. by its Special Grade Secretary. 4 Agricultural Market Committee, Mrtur Prakasam Dist. Rep. by its Special Grade Secretary. 5 Agricultural Market Committee, Nellore, Nellore dist. Rep. by its Special Grade Secretary. 6 Agricultural Market Committee, Madarametla Addanki, Prakasan Dist. Rep. by its Special Grade Secretary. 7 Agricultural Market Committee, Naidupeta, Nellore dist. Rep. by its Special Grade Secretary. 8 Agricultural Market Committee, Ravulapalem, Kothapeta, East Godavari District. Rep. by its Special Grade Secretary. 9 Agricultural Market Committee, Eluru West Godavari District. Rep. by its Special Grade Secretary. 10 Agricultural Market Committee, Kavali, Nellore Dist. Rep. by its Special Grade Secretary. 11 Agricultural Market Committee, Ambajipeta, East Godavari District. Rep. by its Special Grade Secretary. 12 Agricultural Market Committee, Guntur Guntur District Rep. by its Special Grade Secretary. 13 Agricultural Market Committee, Mangalagiri, Guntur District Rep. by its Special Grade Secretary. 14 Agricultural Market Committee, Chilakampeta, Guntur District Rep. by its Special Grade Secretary. 15 Agricultural Market Committee, Yellamanchilli, Vizag Disstrict, Rep. by its Special Grade Secretary. 16 Agricultural Market Committee, Yellamanchilli, Vizag Disstrict, Rep. by its Special Grade Secretary. 17 Agricultural Market Committee, TUNI, East Godavari District. Rep. by its Special Grade Secretary. 18 Agricultural Market Committee, Narsipatnam, Visakhapatnam Dist. Rep. by its Special Grade Secretary. 19 Agricultural Market Committee, Singarayakonda, Kandukur, Prakasam Dist. Rep. by its Special Grade Secretary. 20 Agricultural Market Committee, Rep. by its Special Grade Secretary. Rajahmundry, East Godavari Dist. 21 Agricultural Market Committee, Rep. by its Special Grade Secretary. Pithapuram, East Godavari Dist. 22 Agricultural Market Committee, Rep. by its Special Grade Secretary. Ramachandrapuram, East Godavari Dist. 23 Agricultural Market Committee, Rep. by its Special Grade Secretary. Mandapeta, East Godavari Dist. 24 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tadepalligudem West Godavari Dist. 25 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kovvuru, West Godavari Dist. 26 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tanuku, West Godavari Dist. 27 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kaikalur, Krishna Dist. 28 Agricultural Market Committee, Rep. by its Special Grade Secretary. Vuyyuru, Krishna Dist. 29 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bapatla, Guntur Dist. 30 Agricultural Market Committee, Rep. by its Special Grade Secretary. Chirala, Prakasam Dist. 31 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tada, Prakasam Dist. 32 Agricultural Market Committee, Rep. by its Special Grade Secretary. Ongole, Prakasam Dist. 33 Agricultural Market Committee, Rep. by its Special Grade Secretary. Vizianagaram, Prakasam Dist. 34 Agricultural Market Committee, Rep. by its Special Grade Secretary. Srikakulam, 35 Agricultural Market Committee, Rep. by its Special Grade Secretary. Palacole, West Godavarin Dist. 36 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bhimavaram, East Godavarin Dist. 37 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bheemunipatnam (Bhimili) Vizag dist. 38 Agricultural Market Committee, Rep. by its Special Grade Secretary. Rupaalle, Guntur District, 39 Agricultural Market Committee, Rep. by its Special Grade Secretary. Machilipatnam Krishan District 40 Agricultural Market Committee, Rep. by its Special Grade Secretary. Nagayalanka, Krishan District 41 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kothapeta East Godavari Dist. 42 Agricultural Market Committee, Rep. by its Special Grade Secretary. Amalapuram, East Godavari Dist. 43 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kakinada East Godavari Dist. 44 Agricultural Market Committee, Rep. by its Special Grade Secretary. Divi Avanigadda, Krishna Dist. 45 Government of Andhra Prasad, rep. by its Secretary, Food and Agriculture Department, Secretariat Hyderabad. 46 Commisswioner, Commerce and Export Promotion Dept. Govt. of AP Nampalli, Hyderabad. 47 The Marige Products Export Development Authority, Rep. by its Chairman, Ponampalli Avenue, Cochin-15 Hyderabad. 48 Government of India Rep. by its Secretary, Ministry of Commerce, Cental Secretariat, New Delhi. .....RESPONDENTS 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 To isue any appropriate writ order or direction prerferably a writ in an the nature of Mandamus declaring that the AP (AgriculturalProduce and Live stock) Market Act,1996 has no application to the 100% export oriented industry of the petitioner herein and accordinglydeclare the levy and collection of market fee under the AP (Agricul.product and live lstock) market Act. 1966 from the petitioner as illegal, void and from the petitioner as illegal , viod and arbitrar5y, without jurisdiction and consequently restrain the respondents from tking any action against the petitioners under the provisions of the said Act. Counsel for the Petitioner:MR.RAVULA.SRINIVAS Counsel for the Respondent : GP FOR AGRICULTURE FOR R MR.K.MADHAVA REDDY (SC FOR AGRL.MRKT.COMTTS) FOR R The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.14758 of 1996 ORDER: None appears for the petitioner. The learned Standing Counsel appearing for the respondents submits that because the subject matter of the writ petition squarely covered against the petitioner in Writ Appeal Nos.829/1989 and batch and W.P.Nos.17459/1989 and batch dated 17.04.1996 as well as W.P.No.26252/1998 dated 24.03.2004. Following the ratio laid down in the above referred judgments, the Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 07.08.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Agricultural Market Committee, rep.by its Secretary. Visakapatnam. 2 Agricultural Market Committee, Vijayawada , Krishna Dist. Rep. by its Special Grade Secretary. 3 Agricultural Market Committee, Tanguturu, Prakasam Dist. Rep. by its Special Grade Secretary. 4 Agricultural Market Committee, Mrtur Prakasam Dist. Rep. by its Special Grade Secretary. 5 Agricultural Market Committee, Nellore, Nellore dist. Rep. by its Special Grade Secretary. 6 Agricultural Market Committee, Madarametla Addanki, Prakasan Dist. Rep. by its Special Grade Secretary. 7 Agricultural Market Committee, Naidupeta, Nellore dist. Rep. by its Special Grade Secretary. 8 Agricultural Market Committee, Ravulapalem, Kothapeta, East Godavari District. Rep. by its Special Grade Secretary. 9 Agricultural Market Committee, Eluru West Godavari District. Rep. by its Special Grade Secretary. 10 Agricultural Market Committee, Kavali, Nellore Dist. Rep. by its Special Grade Secretary. 11 Agricultural Market Committee, Ambajipeta, East Godavari District. Rep. by its Special Grade Secretary. 12 Agricultural Market Committee, Guntur Guntur District Rep. by its Special Grade Secretary. 13 Agricultural Market Committee, Mangalagiri, Guntur District Rep. by its Special Grade Secretary. 14 Agricultural Market Committee, Chilakampeta, Guntur District Rep. by its Special Grade Secretary. 15 Agricultural Market Committee, Yellamanchilli, Vizag Disstrict, Rep. by its Special Grade Secretary. 16 Agricultural Market Committee, Yellamanchilli, Vizag Disstrict, Rep. by its Special Grade Secretary. 17 Agricultural Market Committee, TUNI, East Godavari District. Rep. by its Special Grade Secretary. 18 Agricultural Market Committee, Narsipatnam, Visakhapatnam Dist. Rep. by its Special Grade Secretary. 19 Agricultural Market Committee, Singarayakonda, Kandukur, Prakasam Dist. Rep. by its Special Grade Secretary. 20 Agricultural Market Committee, Rep. by its Special Grade Secretary. Rajahmundry, East Godavari Dist. 21 Agricultural Market Committee, Rep. by its Special Grade Secretary. Pithapuram, East Godavari Dist. 22 Agricultural Market Committee, Rep. by its Special Grade Secretary. Ramachandrapuram, East Godavari Dist. 23 Agricultural Market Committee, Rep. by its Special Grade Secretary. Mandapeta, East Godavari Dist. 24 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tadepalligudem West Godavari Dist. 25 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kovvuru, West Godavari Dist. 26 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tanuku, West Godavari Dist. 27 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kaikalur, Krishna Dist. 28 Agricultural Market Committee, Rep. by its Special Grade Secretary. Vuyyuru, Krishna Dist. 29 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bapatla, Guntur Dist. 30 Agricultural Market Committee, Rep. by its Special Grade Secretary. Chirala, Prakasam Dist. 31 Agricultural Market Committee, Rep. by its Special Grade Secretary. Tada, Prakasam Dist. 32 Agricultural Market Committee, Rep. by its Special Grade Secretary. Ongole, Prakasam Dist. 33 Agricultural Market Committee, Rep. by its Special Grade Secretary. Vizianagaram, Prakasam Dist. 34 Agricultural Market Committee, Rep. by its Special Grade Secretary. Srikakulam, 35 Agricultural Market Committee, Rep. by its Special Grade Secretary. Palacole, West Godavarin Dist. 36 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bhimavaram, East Godavarin Dist. 37 Agricultural Market Committee, Rep. by its Special Grade Secretary. Bheemunipatnam (Bhimili) Vizag dist. 38 Agricultural Market Committee, Rep. by its Special Grade Secretary. Rupaalle, Guntur District, 39 Agricultural Market Committee, Rep. by its Special Grade Secretary. Machilipatnam Krishan District 40 Agricultural Market Committee, Rep. by its Special Grade Secretary. Nagayalanka, Krishan District 41 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kothapeta East Godavari Dist. 42 Agricultural Market Committee, Rep. by its Special Grade Secretary. Amalapuram, East Godavari Dist. 43 Agricultural Market Committee, Rep. by its Special Grade Secretary. Kakinada East Godavari Dist. 44 Agricultural Market Committee, Rep. by its Special Grade Secretary. Divi Avanigadda, Krishna Dist. 45 Government of Andhra Prasad, rep. by its Secretary, Food and Agriculture Department, Secretariat Hyderabad. 46 Commisswioner, Commerce and Export Promotion Dept. Govt. of AP Nampalli, Hyderabad. 47 The Marige Products Export Development Authority, Rep. by its Chairman, Ponampalli Avenue, Cochin-15 Hyderabad. 48 Government of India Rep. by its Secretary, Ministry of Commerce, Cental Secretariat, New Delhi. 49 2. 2CCs to 50. 2CD copies