IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9748 of 2008 Between: 1 M.Purushotham S/o.M.Narasimhulu Plot No.35, H.No.3-9-647, Sainath Colony, L.B.Nagar Municipality, Hyderabad. 2 K.Madhavi W/o.K.Srinivasa Rao, H.No.14-67, P & T Colony, Dilsukhnagar, Hyderabad. ..... PETITIONER(S) AND Agricultural Market Committee, Gaddianaram, Hyderabad. Rep. by its Chairman. .....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 to issue an order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in not receiving the applications of the petitioners for grant of licences, and not granting the licence to the petitioners under section 7(1) of the Andhra Pradesh (Agricultural produce & Livestock) Markets Act, 1966, to carry on their business as commission agents in fruits as illegal, arbitrary and violation of Article 19(1)(g) of the Constitution of India, and contrary to law and pass such other order or orders. Counsel for the Petitioner:MR.N.BHARAT BABU Counsel for the Respondent No.: MR.V.V.NARAYANA RAO The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9748 of 2008 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in not receiving the applications of the petitioners for grant of licences, and not granting the licence to the petitioners under section 7(1) of the Andhra Pradesh (Agricultural produce & Livestock) Markets Act, 1966, to carry on their business as commission agents in fruits as illegal, arbitrary and violation of Article 19(1)(g) of the Constitution of India, and contrary to law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 When the matter is taken up for hearing, the learned counsel for the petitioners produced a copy of the order passed by this court in W.P.No.27197 of 2008 dated 25.6.2009 and the same is accepted by the learned standing counsel appearing for the respondent and submitted that similar order can be passed in this Writ Petition. 3 In the light of the said consensus arrived between the parties, this Writ Petition is disposed of in the following manner: “As there is a statutory obligation on the part of the respondent – Market Committee to receive and consider the applications for grant of licences, the petitioners are permitted to submit their applications to the Secretary of the respondent – Market Committee, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such applications, and if the said application are in order, the respondent – Market Committee shall process and disposed of the said applications in accordance with Section 7 of the Act, read with Rule 48 of the Rules made there under.” 4 Subject to the above conditions, this Writ Petition is disposed of. No order as to costs. ------------------ 26.08.2009 kvsn