IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16813 of 2005 Between: Sri Mallikarjuna Swamy Gorrela Mekala Pempaka Sahakara Sangham, Bhupalapalli Village & Mandal, Warangal District, rep., by its President. … Petitioner AND Bhupalpally Gram Panchayat, Bhupalpally Village & Mandal, Warangal District, rep., by its Secretary. … Respondent Counsel for the petitioner : Sri K. Durga Prasad Counsel for respondent No.2: Sri P. Prabhakar Reddy SC for the respondent. This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16813 of 2005 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. Heard Sri K. Durga Prasad, learned counsel for the petitioner and Sri P. Prabhakar Reddy, learned Standing Counsel for respondent No.2. The only grievance of the petitioner in this writ petition is that in respect of sheep and goats, which are sold at the private premises of the members of the petitioner association, the respondents are collecting market fee. Learned counsel for the petitioner submitted that the respondents are entitled to collect market fee only in respect of the cattle, which is brought and sold in the cattle market established by it. He submitted that no cattle market has been established so far and hence, the respondents are not entitled to collect any market fee. In the counter-affidavit filed by the Panchayat Secretary of the respondent Grampanchayat, it is specifically averred that in pursuance of the letters addressed by the Divisional Panchayat Officer, the District Collector gave permission on 20.06.2005 to the respondent Grampanchayat for opening a new weekly cattle fair as per Section 104 of the A.P. Panchayat Raj Act, 1994 and that he directed the Grampanchayat to follow the provisions of the said Act. It is further stated that in pursuance of the said permission, the respondents established a cattle market to run the cattle fair on every Thursday and the said fair was started by giving wide publicity by way of distributing pamphlets on 07.07.2005 and that the Grampanchayat has provided all the amenities in the cattle market. It is further stated that the Grampanchayat has fixed an amount of Rs.10/- if sheep, goat, pig or any other animal is brought to the market and if it is sold another Rs.10/- will be collected from the purchaser. This specific averment contained in the counter-affidavit is not denied by the petitioner by way of rejoinder. Since the respondents are entitled to collect the fees on the cattle brought and/or sold in the weekly market established by the respondents, the writ petition is disposed of with the observation that the members of the petitioner association need not pay the fees if the cattle is sold in their private premises without bringing them into the market area. As a sequel to disposal of the writ petition, WVMP.No.2499 of 2005 is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.07.2008 ES