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.22979 of 2005 Between : M/s.Bharathi Marine Exports, represented by its Managing Partner Sri N.Ratnakar, s/o Someswara Rao, r/o Rest House Road, Bhimavaram-1, West Godavari District. ..... PETITIONER AND 1 The Selection Grade Secretary, Agricultural Market Committee, Bhimavaram, West Godavari District. 2 The Joint Director of Marketing, Vijayawada, Krishna District. 3 The Director of Marketing, Government of Andhra Pradesh, B.R.K.Rao Bhavan, Opp:Secretariat, Hyderabad. .....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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings in Assessment No.MF.no.42/SR.II/2001-02 dt.29-3-2005 issued by the 1st respondent herein whereby the petitioner has been demanded to pay the MARKET FEE for the years 2001-2002 for the Prawns purchased from outside the notified area of the 1st respondent herein as illegal, arbitrary, erroneous, without jurisdiction, null and void and contrary to the provisions of the A.P. Agricultural (Products and Livestock) Markets Act, 1966 and pass such other order or orders as the Hon'ble Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.A.V.SESHA SAI Counsel for Respondent No.1 : MR.K.MADHAVA REDDY (SC FOR AGRICULTURAL MARKET COMMITTEE) Counsel for Respondent Nos.2 & 3 : GP FOR AGRICULTURE The Court made the following : ORDER : It is submitted by the learned counsel for petitioner Sri A.V.Sesha Sai as well as the learned Standing Counsel appearing for the 1st respondent-Agricultural Market Committee that the subject matter of the writ petition is covered to be disposed of in terms of the judgment of this Court in writ petition No.16425 of 2005 and batch, dated 3rd of August 2006. 2. Following the same, this writ petition is also disposed of, setting aside the impugned demand. However, the petitioner is directed to produce proof of payment of fee, if already paid, as required under Rule 74(1) of the A.P. (Agricultural Produce & Livestock) Market Rules, before the 1st respondent, within a period of three weeks from today. On such proof of payment of fee for the purchases effected outside Bhimavaram town, the authorities shall examine and pass appropriate orders in accordance with law, within a period of three weeks thereafter. 3. With the above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 10th July 2009. N.B: Furnish C.C. in one week. (b/o) ajr