IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 481 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/04/2008 in WP NO : 4702 OF 2008 on the file of the High Court.) Between: 1 The Principal Secretary, Agriculture and Cooperation (Marketing-I) Department, Government of A.P., Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of Agricultural Marketing Hyderabad B.R.K.R. Bhavan, Near Tank Bund. 3 The Deputy Director of Marketing, Kadapa. ..... APPELLANTS AND 1 The Agricultural Market Committee, Rep,. by its Chairman, Sri Nanga Rajaratnam Reddy S/o.Krishna Reddy, R/o. Paparajupalli, P. Kothakota Post, Viz: Pakala, Chittoor District. 2 Gummadi Kutuhalamm, MLA, Vepanjeri, Chittoor District, R/o. 9/8 Amaravathi Nagar, Tirupathi-2 , A.P., 3 K. Raghavulu Chetty, Person in Charge, Agricultural Market Committee, Vepanjari (Asst. Director of Agrl. Marketing Committee (FAC) Chittoor. 4 Gummadi Kutuhalamma Chittoor District, R/o. 9/8 Amaravathi Nagar, Tirupati-2, Andhra Pradesh. 5 K.Raghavulu Chetty Agricultural Market Committee, Vepanjeri (Assistant Director of Agricultural Marketing Committee (F.A.C.) Chittoor. .....RESPONDENTS Counsel for the Appellants :GP FOR COOPERATION Counsel for the Respondents : MR.M.N.NARASIMHA REDDY The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 481 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) Respondents 1 to 3 in writ petition no.4702 of 2008 have filed this writ appeal against the order of learned single judge, dated 11th of April 2008 passed in W.V.M.P.No.945 of 2008 in W.P.M.P.No.6101 of 2008. 2. In the writ petition, the orders passed by the Government in G.O.Rt.No.220, dated 22nd February 2008 were questioned. By virtue of the said G.O., the Agricultural Market Committee, Vepanjeri of Chittoor District was superseded by invoking the provisions of Section 22 of The Andhra Pradesh (Agricultural Produce & Live Stock) Markets Act, 1966 (hereinafter referred to as ‘the Act’ for brevity). The said supersession order was passed only on the ground that some members of the Market Committee have resigned from such Committee and therefore, the Committee fell short of quorum to convene and conduct the meetings. 3. Though several allegations are made against the Chairman of the Market Committee in the show cause notice which was issued before passing the impugned order in the writ petition, but however, with regard to allegations against the Chairman, no finding is recorded. Only on the ground that it is not possible to form the quorum for convening the Committee Meetings in view of resignation of members, the impugned supersession order has been passed. 4. On a perusal of the impugned order, it is clear that no attempt is made at any point of time to fill up the casual vacancies arose on account of resignation of members. In any event, if any allegations are made against the Chairman of the Committee, action can be taken against him individually, but per se that cannot be the basis to supersede the Managing Committee itself. 5. For the aforesaid reasons, and in view of the reasons recorded by the learned single judge, we do not find any ground to interfere with the order passed by the learned single judge. 6. Appeal is devoid of merits and it is accordingly dismissed. However, the hearing of Writ Petition be expedited and it shall be posted in the 1st week of August 2008. _________________ ANIL R. DAVE, CJ 1st May 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Principal Secretary, Agriculture and Cooperation (Marketing-I) Department, Government of A.P., Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of Agricultural Marketing Hyderabad B.R.K.R. Bhavan, Near Tank Bund. 3 The Deputy Director of Marketing, Kadapa. 4 The Chairman, Agricultural Market Committee,P.Kothakota Chittoor District. 5 The Person in Charge, Agricultural Market Committee, Vepanjari (Asst. Director of Agrl. Marketing Committee (FAC) Chittoor.