IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 22874 of 2007 Between: 1 M/s.Sai Om Crackers Mart, rep.by its Proprietor PRem Raj Bhope, S/o.Ambaji Rao Bhope, Shop No.40, Sri KRupa Market, Malakpet Hyderabad-500036 Licence No.ASP 1954/E 2 M/s.Bhavani Agencies, rep.by its PRoprietor E.Pandu, S/o.E.Pentaiah, Shop No.17, Sri Krupa Market, Malakpet Hyderabad-500036 Licence No.ASP 2354/E 3 M/s.Durga Trading Company, rep.by its Proprietor E.Raju, S/.o.E.Pentaiah Shop No.15, Sri Krupa Market, Malakpet Hyderabad-500036 Licence No.ASP 4289/E 4 M/s.Ramesh Fire Works, rep.by its Proprietor K.Venugopal, S/o.K.Narasimhulu Shop No.20, Sri Krupa Market, Malakpet Hyderabad-500036 Licence No.ASP 2325/E 5 M/s.Raja Rajeswari Fire Works, rep.by its proprietor Y.Venkataramana, S/o.Basavaiah choudary Shop No.28, Sri Krupa Market, Malakpet Hyderabad-500036 Licence No.ASP 2431/E 6 M/s.Krishna Fire Works,rep.by its proprietor V.Krishna, S/o.Yellaiah Shop No.36, Sri Krupa Market, Malakpet Hyderabad-500036 Licence No.ASP 230/E ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep.by the Principal Secretary to Government, Agriculture & Cooperation (A.M.II) Department, secretariat, Hyderabad 2 The commissioner, and Director of Agricultural Marketing Andhra Pradesh,Hyderabad 3 The Agricultural Market Committee, Hyderabad, rep. by its Secretary, Mahaboob Mansion Market yard, Malakpet, Hyderabad 4 The Deputy Chief Controleer of Explosives, Department of Explosives, Government of India., Sultan Bazar Koti, Hyderabad .....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 to issue a writ in the nature of writ of mandamus or any other appropriate writ direction or order declaring Memo No.1632/A.M.II(2)/2006-9 Agriculture and Cooperation (A.M.II) Department dated 5.10.2007 of the 1st respondent herein as illegal, and void and consequently direct the 1st respondent to consider the representation of the petitioners as well as the resolution dated 5.10.2006 of the Agricultural Market Committee hyderabad the 3rd respondent herein and the letter of the Chairman, Agricultural Market Committee, Hyderabad dated 5.10.2006 on its merits without reference to the order in WA.No.1591 of 2004 dted 27.10.2005 and pass Counsel for the Petitioner:MR.P.SAIMANGAPATHY Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : O R D E R: (Per Hon’ble Sri Justice V. Eswaraiah} The petitioners are the lessees of the shops bearing Nos.40, 17, 15, 20, 28 and 36 of the Agricultural Market Committee, Hyderabad represented by its Secretary, Mahaboob Mansion Market Yard, Malakpet, respondent No.3 herein, which is presently known as Sri Krupa Market, Malakpet, Hyderabad. It is stated that shop Nos.1 to 47 are facing National Highway and the same are not being utilized for doing business in the notified agricultural commodities, but they are utilizing for doing business in non-notified commodities. It is stated that the dealers in shop Nos.1 to 47, 338 to 372 are allowed to deal in the non-notified commodities like sugar, oil, diesel oil, kirana, fertilizers, pesticides, agricultural implements, hardware and any other commodity useful for the farmer as per the Government Memo No.1327/Agri.IV/80-1, dated 23-05- 1980. The dealers in all other 354 shops are permitted to deal in sugar, edible oils and spices in addition to notified agricultural commodities. Besides that the dealers in all the shops are permitted to utilize the premises in any other manner for common benefit of the farmer. It is stated that certain lessees of the shops are also dealing with the commodities, which are not for the common benefit of the farmers, and on certain occasions, the shops are being utilized like the petitioners, who are dealing in sale of fireworks by holding licences granted under the Explosive Rules and obtaining no-objection certificate from the District Authorities and also fulfilling the other required formalities as required under the Explosive Rules for possession and sale of fireworks, prescribed in the licence, in their respective shops at Sri Krupa Market, Malakpet, Hyderabad. While so, the person-in-charge of the Agricultural Market Committee, Hyderabad issued notice dated 28-09-2004 to the petitioners herein and other similarly situated persons directing that the business should be closed down on the ground that as per the orders of the aforesaid Government Memo dated 23-05-1980, shop Nos.1 to 47 and 338 to 372 were allowed to deal in non-notified commodities i.e. sugar, oil, kirana, fertilizer, pesticides, agricultural implements, hardware and any other commodities, which will be useful for the farmers, and the crackers are not included therein, as the crackers may be a fire hazardous one. Questioning the above notice, the Fire Works Dealers Association filed W.P. No.17932 of 2004 of which the petitioners herein are also the members and the same was dismissed on 06-10-2004. Aggrieved of the same, the Fire Works Dealers Association filed Writ Appeal No.1591 of 2004, wherein, initially an interim direction was granted and ultimately it was disposed of on 27-10-2005 with the following order: “ During the course of hearing, the petitioner Association has filed an undertaking that they stop the business of dealing with crackers and any other explosive substances with effect from 28- 10-2005 and utilize the shops for doing business in commodities, which come under the purview of the Act. In these circumstances, in view of the undertaking given by the petitioner Association that they stop the business of sale of crackers with effect from 28-10-2005, the writ appeal is disposed of. No order as to costs.” It is the case of the petitioners that some of the lessees are carrying on the business of the non-notified agricultural commodities, which are not for the common benefit of the farmers, such as Maruthi Showrooms, three-wheeler (autorickshaws) showrooms, two-wheeler showrooms, mobile phone shops, paint shops, electronic shops, music shops, chit fund companies etc., and the Government in G.O.Ms.No.169, Agriculture and Cooperation (MKTG.II-2) Department, dated 02-06-2005, directed respondent No.3 to grant lease to M/s. Sita Logistics, Hyderabad for establishment of retail petroleum outlet in Bowenpally Market Yard and by circular dated 31-01-2006, the Commissioner and Director of Marketing granted permission to the Indian Oil Corporation to establish Kisan Seva Kendras in the interior selected market yards in the first phase for sale of diesel and other petroleum products, but the representation of the petitioners dated 01- 11-2006 for inclusion of the crackers in the Government Memo dated 23-05-1980 by making necessary amendments was erroneously rejected. It is further stated that the Government, while rejecting the representations of the Fire works Dealers Association dated 12-1-2007, 19-07-2007, 24-07-2007 and 28-07-2007 by Memo No.1632/A.M-II(2)/2006-9, Agriculture and Cooperation (A.M-II) Department dated 05-10-2007, did not consider the resolution of the Agricultural Market Committee, Hyderabad. It is stated that the Agricultural Market Committee, Hyderabad vide resolution No.37 dated 05-10-2006 resolved to request the Government stating that number of dealers in general are doing business in non-notified commodities contrary to the Government Memo and it has been generalized and commercialized, therefore necessary amendments are required to be made. Accordingly, letter bearing No.AMCH/A&R.I/15/ 2004-05 dated 05-10-2006 was addressed by the Chairman, Agricultural Market Committee, Hyderabad, to the Hon’ble Minister for Marketing, Government of A.P for amendment of the Government Memo dated 23-05-1980. A perusal of the Memorandum of the Government dated 06-10-2006 do not indicate any consideration of the resolution of the Agricultural Market Committee which was forwarded vide letter dated 05-10-2006 by the Chairman, Agricultural Market Committee to the Honourable Ministry. Therefore, the learned counsel appearing for the petitioners submits that as the request of the petitioners was rejected keeping in view the earlier orders of this Court in Writ Appeal No.1591 of 2004 and in view of the undertaking of the Fire Works Dealers Association that they would stop the business of dealing in fire works and any other explosive substances with effect from 28-10-2005 and will utilize the shops for commodities, which come under the purview of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (for short “the Act”). The learned Government Pleader appearing for the respondents submits that the Government not only considered the undertaking given by the petitioners association but also considered the representation of the petitioners stating that the business of fireworks is not useful to the farmers in any way. It appears that the Government mainly carried away by the observations made by this Court in Writ Appeal No.1591 of 2004 dated 27-10-2005, but did not independently consider the issue. However, it is not in dispute that it is always open for the Government to independently consider whether to amend the aforesaid memo and the relevant provisions of the Act and the Rules made thereunder and this Court cannot curtail the powers of the Government to exercise its powers under the Act and the Rules made thereunder. The learned Government Pleader appearing for the respondents further submits that in fact, when the petitioners are doing the business contrary to the undertaking given by them before this Court in Writ Appeal No.1591 of 2004, the Akhila Hyderabad Hamali Sangam, Mahaboob Mansion Agricultural Market, Malakpet, Hyderabad filed Writ Petition No.13247 of 2007 against the Government and the petitioners herein seeking declaration that the action of the official respondents in continuing the crackers shops of the petitioners herein in the Agricultural Market Committee is contrary to the orders of this Court in Writ Appeal No.1591 of 2004. This Court, by order dated 05- 07-2007, dismissed that writ petition on the ground that if the orders in the writ appeal are violated, the only remedy available to them is to initiate proceedings under the Contempt of Courts Act, 1971. We are not inclined to express our opinion with regard to the merits of the case whether the Government shall accept the resolution of the Agricultural Market Committee or not, but the fact remains that the letter of the Agricultural Market Committee, Hyderabad dated 05- 10-2006 to consider resolution No.37 dated 05-10-2006 of the Agricultural Market Committee, Hyderabad, requesting the Government to make necessary amendments to the Government Memo dated 23-05-1980 is still pending without consideration and disposal. Having regard to the facts and circumstances, we direct respondent No.1 to consider and dispose of the letter bearing No.AMCH/A&R.1/15/2004-05 dated 5-10-2006 requesting to consider resolution No.37 dated 5-10-2006 of the Chairman, Agricultural Market Committee, Hyderabad to make amendments to the Government Memo dated 23-05-1980 in accordance with law keeping in view the provisions of the Act and the Rules made thereunder uninfluenced by the orders of this Court in Writ Appeal No.1591 of 2004 dated 27-10- 2005. The Government shall specifically consider the question of implementation of the requirements with regard to the Explosive Substances Act keeping in mind the public safety and caution in view of the fact that they are seeking permission to be accorded with regard to crackers and explosives for possession and sale in their shops. With the above directions, the Writ Petition is disposed of. No costs. _________________________ V. ESWARAIAH, J June 16, 2009. _________________________ P. SWAROOP REDDY, J AMD/PV