IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.14994 of 2005 Between : M/s. K. Mallikarjuna Tatappa, rep. by the Proprietor, K. Mahabaleshwarappa, S/o. Sri K. Tatappa, Godown No. 16-59/1, Marker yard, Adoni-518 301 (A.P.), Kurnool District. ..... PETITIONER AND 1 Government of A.P., rep. by Principal Secretary, Agriculture and Cooperation (Marketing), Dept., Secretariat, Hyderabad (A.P.). 2 Commissioner & Director of Marketing, B.R.K.R. Bldgs, Near Tank Bund, Hyderabad, A.P. 3 Director General, Vigilance & Enforcement, Govt of A.P., B.R.K.R.Bldgs, Near Tank Bund, Hyderabad. 4 Agricultural Market Committee, Adoni, Kurnool District A.P. 5 Agricultural Market Committee, rep. by the Secretary, Yemmiganur, Kurnool District, A.P. 6 Agricultural Market Committee, rep. by the Secretary, Madakasira, Anantapur District, A.P. .....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 issue an order or direction or writ more appropriately a writ of mandamus to declare impugned action of the Respondents in insisting to take licence and to pay the market fee on Sale and Purchase of SEEDS as illegal and without jurisdiction and issue consequential direction prohibiting the Respondents from demanding to take licence and to pay the market fee on the sale and purchase of all types of Seeds for sowing purpose from the petitioner and also direct respondents to refund the illegally collected market fee from the petitioner. Counsel for the Petitioner : MR.K.RAJANNA Counsel for the Respondents : GP FOR AGRICULTURE The Court made the following : ORDER : It is submitted by the learned counsel for petitioner and also by the learned Standing Counsel appearing for the respondent-Market Committees, that the subject matter of the writ petition is covered in terms of the judgment of this Court in the case of Advanta India Ltd., Bangalore v. State of A.P.[1]. 2. Following the said judgment, this writ petition is also disposed of with the following directions : (a) Seeds developed and manufactured by the petitioner and sold as certified or labeled seeds, are not subject to levy of market fee, and the demand notice issued therefor is set aside. (b) Vegetable seeds are not covered by the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, and are not subject to levy of market fee. (c) Such part of the product, grown out of foundation seed, by a farmer, chosen by the seed manufacturers, as is not sold and used as seed, shall be liable to be levied the market fee. For this purpose, the Executive Heads of the Market Committees, shall be entitled to require the Seed Manufacturers, operating within the notified area, to furnish the relevant particulars and take consequential steps. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J 10th July 2009. ajr [1] 2005 (3) ALD 245