HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.5498 of 2001 02-08-2005 Between: M/s. Kalyan Roller Flour Mills (P) Ltd., Guntakal. …Petitioner. And The Government of A.P., rep.by its Secretary, Food & Agriculture (Marketing) Department, Secretariat, Hyderabad and others. …Respondents. HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.5498 of 2001 ORDER : The petitioner Mill is situated at Guntakal, producing wheat products like Atta, Ravva and Maida on the flour. It is the case of the petitioner, he purchased wheat from Punjab, Maharashtra and Madhya Pradesh and also from Food Corporation of India(FCI). When these goods are in transit from other States, he alleges that respondents 2 to 4 are stopping the vehicle at the check-post for the purpose of collection of market fee under the provisions of Andhra Pradesh (Agricultural Produce & Livestock) Markets Committee Act, 1966 (for short ‘the Act’). He assails the said action of the respondents and seeks a direction to the respondents to refund the amount. The question raised herein is squarely covered by a Division Bench judgment of this Court i n Modern Nutrition Company v. Agricultural Market Committee. After referring to the relevant provisions of the Act, the Division Bench observed as under. “The important expression, to attract action at the check-post in case of transport of any agricultural produce, livestock or products of livestock, is, “purchased or sold in the notified market area”. The condition that the agricultural produce, livestock or products of livestock were purchased or sold in the notified market area, do not in any manner change beyond the presumption in Explanation-I of Section 12 of the Act merely because a check-post is contemplated at which production of the receipt for the payment of prescribed fee in respect of notified agricultural produce, livestock or products of livestock to the market committee is contemplated. The expressions, following the above expression ‘purchased or sold in the notified market area’. ‘in respect of such notified agricultural produce…..to the market committee concerned’ clearly envisage that fee shall be realizable by the concerned market committee only if the agricultural produce, livestock or products of livestock are purchased or sold in the notified market area.” Following the same, the writ petition is allowed and the respondents are directed not to collect the market fee on the goods in transit purchased from other States and passing through the notified market area. However, if respondents 2 to 4 have collected any market fee, the petitioner is not entitled for refund of the same. No costs. _________________ (V.V.S. RAO, J.) 02-08-2005. Msr. HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.5498 of 2001 02-08-2005 (Msr)