IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24671 of 2008 Between: M/s. GTN Industries Limited, Rep. by its Chief Executive -F &C, Office at Plot No. 29, Nagarjuna Hills, Punjagutta, Hyderabad 500 082. ..... PETITIONER AND The Agriculture Market Committee, Sadashivapet Rep. by its Secretary, Sadashivpet, Medak District. .....RESPONDENT 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 a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the Respondent in Lr.No. AMC/5/193/197/2008-09 Dated 2-9-2008 directing the Petitioner to pay market fee of Rs. 6,84,962/- as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. (Agricultural Produce and Live Stock) Markets Act and rules made there under and the Principles of Natural Justice and consequently set aside the same to direct the Respondents not to collect the said Market fee from the petitioner on waste manufactured by the petitioner. Counsel for the Petitioner: MR.CHAVALI RAMANAND Counsel for the Respondent No.: MR.V.V.N.NARAYANA RAO The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 24671 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the proceedings of the respondent-Agricultural Market Committee dated 02-09-2008 calling upon the petitioner to pay Rs.6,84,962/- towards market fees for the sale of cotton waste during November, 2005 to July, 2008 forthwith, failing which action would be taken under Section 23 of the A.P. (Agricultural Produce & Livestock) Markets Act, 1966 is arbitrary and illegal. It is primarily contended by the petitioner that the impugned demand without giving any opportunity to the petitioner to make his representation is arbitrary and illegal. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent- Market Committee and perused the material on record. Though the impugned notice is styled as “show-cause notice”, the contents of the said notice make it clear that it is a demand to pay the market fees of Rs.6,84,962/- forthwith. Admittedly, no prior notice was given to the petitioner. Hence, the determination of the petitioner’s liability to pay market fee for the alleged sale of cotton waste unilaterally without aﬀording an opportunity to the petitioner to make his representation against the impugned demand is arbitrary and illegal. Accordingly, the writ petition is disposed of permitting the petitioner to submit his explanation treating the impugned proceedings as show cause notice. If any such explanation is submitted within a period of two weeks from today, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such time, no steps shall be taken against the petitioner for recovery of the amounts demanded under the impugned notice. No costs. ______________ G. ROHINI,J Date: 13-11-2008 Note: Issue C.C. in two days. B/o KLP