IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12690 of 2001 Between: M/s.Sri Srinivas Oil Seeds Traders, Rep.by its proprietor, Mr.O.V. Ramana, S/o. late O.K. Sundaram, R/o.13-4-391A1, Opposite Tuda Office, Tirupati. ..... PETITIONER AND The Secretary, Agricultural Market Committee, TIRUPATI. .....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 appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the Respondent in seeking to levy and collect the Agricultural Market Fee on purchase or sale of ghee U/s.12(1) of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 and also insistence for obtaining licence U/s.7 of the Act as illegal, arbitrary and opposed to the directions contained in G.O.Ms.No.448 Food and Agricultural Department dated 29.03.97 as also violative of Articles 14 and 19(1)(g) as also Articles 301 and 304(a) of the Constitution of India and consequently declare the proceedings/demand notices of the Respondent in regard to collection of fee and grant such other relief or reliefs as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.V.J.K.KUMAR Counsel for the Respondent No.: MR.P.BHANU PRAKASH The Court made the following : O r d e r: This Writ Petition has been filed by the petitioner assailing the action of the respondents in seeking levy and collect Agricultural Market Committee fee on the sale of milk products. Learned Standing Counsel appearing for 3rd respondent- Secretary, Agricultural Market Committee, Tirupati submits that the issue involved in this writ petition is squarely covered by the Full Bench judgment of this Court in W.P.No.24818 of 2008 disposed of on 1.5.2009 (SRI KOMMISETTY NAMMALWAR AND CO. v. AGRICULTURAL MARKET COMMITTEE, GUNTUR, REP. BY ITS SECRETARY AND OTHERS) and therefore the writ petition is liable to be dismissed. He also placed on record a copy of the judgment referred to above. The issue fell for consideration before the Full Bench is - whether ‘ghee is a product of live stock’ under the provisions of Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and whether Government Notification vide G.O.Ms.No.286, Agriculture and Cooperation (Mktg-1) Department, dated 05.7.1994 notifying among others as for the purpose of regulation of purchase and sale in all notified market areas is not valid? A majority view of the Full Bench reads as under: “ On the above analysis and for the reasons as above, we hold that ghee is a product of livestock and subject to the observations made in the above paragraph with regard to daily farmer or small time agriculturist, every trader in Ghee (other than daily farmer or small time agriculturist, who keeps cows and buffaloes) is required to obtain licence under Section 7(1) of the Act. We also hold that the impugned notification vide G.O.Ms.No.286, dated 5.7.1994, does not suffer from any illegality and infirmity and the same is valid. The writ petition is therefore, dismissed. Having regard to the facts and circumstances, we make no order as to costs.” In view of the proposition of law laid down in a Full Bench judgment of this Court in W.P.No.24818 of 2008 disposed of on 1.5.2009 (SRI KOMMISETTY NAMMALWAR AND CO. v. AGRICULTURAL MARKET COMMITTEE, GUNTUR, REP. BY ITS SECRETARY AND OTHERS) this writ petition is liable to be dismissed and accordingly the same is dismissed. NO costs. 29th June, 2009. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ } THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.12690 OF 2001 29TH JUNE 2009.