IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE M.H.S. ANSARI and THE HON'BLE MR JUSTICE T.CH.SURYA RAO W.P.Nos.15560/2003, 15570/2003, 17352/2003, 17659/2003, 17726/2003, 18075/2003, 18829/2003, 19257/2003, 19680/2003, 19921/2003, 23097/2003, 23457/2003, 23600/2003, 24894/2003, 25928/2003, 27160/2003 AND 341/2004. WRIT PETITION NO : 15560 of 2003 Between: 1 Mathrusree Binny Rice Mill, Rep. by Shiva Kumar, S/o Bhoomaiah, Borgoen, Nizamabad, R/o Nizamabad. 2 Manaswini Traders, Nizamabad, Rep. by G.Srinivas, S/o G.Gopaiah, R/o Nizamabad. 3 Paravathi Parameswara Industries, Nizamabad, Rep. by E.Radhakrishna, S/o Bhoomaiah, R/o Nizamabad. 4 M.Dayanand & Co, Nizamabad, Rep. by M.Dayanand, S/o Laxmaiah, R/o Nizamabad. 5 Sri Vittaleswara Swamy RM, Nizamabad, Rep. by M.Dayanand, S/o Laxmaiah, R/o Nizamabad. 6 Murali Rice & Oil Mill, Nizamabad, Rep. by Murali, S/o Laxmaiah, R/o Nizamabad. 7 Sri Dhanalaxmi Rice Mill, Mokanpalli, Rep. by V.Mohan Reddy, S/o Veera Reddy, R/o Nizamabad. 8 Thirumala Binny RM, Rampoor, Rep. by Laxmi Narsaiah, S/o Laxman, R/o Nizamabad. 9 M.Balakistaiah & M.Prakash BRM, Nizamabad, Rep. by M.Prabhakar, S/o Laxmaiah, R/o Nizamabad. 10 Sri Thirumala Srinivasa Industries, Khanapur, Rep. by M.Prabhakar, S/o Laxmaiah, R/o Nizamabad. 11 Gayatri Industries, Nizamabad, Rep. by Suryapal, S/o Suryapal, R/o Nizamabad. 12 Shiva Shanker Industries, Nizamabad, Rep. by Narander Daliya,S/o Mangal Chand, R/o Nizamabad. 13 Kanaka Mahalaxmi Traders, Nizamabad, Rep. by S.Vishwanatham, S/o Venkatarajam, R/o Nizamabad. 14 Sri Krishna Trading Co, Nizamabad, Rep. by Shivarajulu, S/o Gundaiah, R/o Nizamabad. 15 Thirumala Industries, Ashokfarm, Nizamabad, rep. by Nagesh, S/o Venkataramaiah, R/o Nizamabad. 16 Raghurama Traders, Nizamabad, Rep. by A.Raju, S/o Balkishan, R/o Nizamabad. 17 M.Bansilal & Co, Nizamabad, Rep. by Balkishan Modani, S/o Bansilal Modani, R/o Nizamabad. 18 Sri Laxmi Narsimha Industries, Nizamabad, (Koloor Road), Rep. by Kola Ram, S/o Nagaiah, R/o Nizamabad, 19 Sri Gajanan Industries, Nizamabad, Rep. by Pradeep J Bhimani, S/o Jamunadas Bhimani, R/o Nizamabad. ..... PETITIONERS AND 1 The Government of A.P., Rep. by its Secretary, Food and Agriculture (Marketing)Dept. Secretariat, Hyderabad. 2 The Government of A.P., Rep. by its Secretary, Law and Legislative Affairs, Secretariat, Hyderabad. 3 The Director of Marketing, Govt of A.P., Hyderabad. 4 Agricultural Market Committee, Nizamabad, Rep. by its Secretary, Nizamabad Dist. .....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 a writ of Mandamus or any other appropriate writ declaring that the action of the respondents in notifying the Rice as agricultural produce for the purpose of levy of Market Fee under the provisions of the A.P. Agricultural (Produce & Live Stock) Markets Act, 1966, is arbitrary and illegal, and direct the respondents not to insist the petitioners to pay the Market Fee on the Rice milled from out of paddy, if necessary by granting a declaration that Rice is not an agricultural produce within the meaning of the A.P. Agricultural (Produce & Live Stock) Markets Act, 1966, and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: MR. G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE WRIT PETITION NO : 15570 of 2003 Between: 1 Bejagum veeranna Venkata Narsimlu RM, Nizamabad, Rep. by B. Krishna, S/o Veeraiah, R/o Nizamabad. 2 Thirupathi agro Industries, Nizamabad, Rep. by Partner Ashok Sharma, S/o H.K.Sharma, R/o Nizamabad. 3 Murali Krishna Industries, Nizamabad, Rep. by V.Amarender, S/o Eswaraiah, R/o Arsapally, Nizamabad. 4 M/S Yogesh & Co., Nizamabad, Rep. by its Partner D.Veerendher, S/o Kishan, R/o Nizamabad. 5 Raghavendra Industries, Kaloor Road, Nizamabad, Rep. by S.Kishan, S/o Venkatarajam, R/o Nizamabad. 6 Sri Yogeshwara Industries, Khanapoor (V),Kaloor Road,Nizamab Rep. by Partner Goli Srinivas, S/o Eswaraiah, R/o Nizamabad. 7 Shubham Trading Co., Kaloor Road, Nizamabad, Rep. by L.Suresh, S/o Sharabaiah, R/o Nizamabad. 8 Sree Vaishnavi Trading Co., Kaloor Road, Nizamabad, Rep. by R.Shyam Sunder, S/o R.Kistaiah, R/o Nizamabad. 9 M/S Sri Laxminarayana Industries, Kaloor Shivar, Nizamabad, Rep. by K.Laxman, S/o Balaji, R/o Nizamabad. 10 Shree Vishnu Laxmi Rice Mill, Nizamabad, Rep. by M.G.Partner D.Indrasen, S/o D.Shankar, R/o Nizamabad. 11 Lalitha Industries,Kaloor Road, Khanapur, Nizamabad, Rep. by Parsi Ramesh Gupta, S/o Raja Shankaraiah, R/o Nizamabad. 12 Lalitha Rice Mill, Weekly Bazar, Nizamabad, Rep. by Ramesh Gupta, S/o Raja Shankaraiah, R/o Nizamabad. 13 Jai Ganesh Rice Mill, New Gunj Road, Nizamabad, Rep. by K.Vittal, S/o K.Shankaraiah, R/o Nizamabad. 14 Nizamabad Agro (P) Ltd., Gandhigunj, Nizamabad, Rep. by Gopal Soni, S/o Radhakishanji Soni, R/o Nizamabad. 15 Gopaldas Shyamsunder & Co., Kaloor, Rep.by Suraj Agarwal, S/o Nathmalji Agarwal, R/o Nizamabad. 16 Sri Yogeshwara Para Boiled Industries, Khanapur, Nizamabad, Rep. by L.Srinivas, S/o L.Gangarajam, R/o Nizamabad. 17 Vasavi Industries PBRM, Arspalli, Nizamabad, Rep. by Palda Surya Prakash, S/o Gangadhar, R/o Nizamabad. 18 M/S K.Dasharatham & Bros., Arsapally, Nizamabad, Rep. by K.Kishan, S/o K.Dasharatham, R/o Nizamabad. 19 Sri Satyanarayana & Co., Rice Mill, Cont., Nizamabad, Rep. by K. Krishna, S/o Dasharatham, R/o Nizamabad. 20 Sri Vasavi Kanyaka Parameswari Industries, Koloor, Nizamabad Rep. by P.Srinivas, S/o P.Laxminarayana, R/o Nizamabad. 21 Sri Srinivasa Industries, Khanapur, Nizambad, Rep. by P.Lakshminarayana, S/o Narsaiah, R/o Nizamabad. 22 Sri Rama Modern & Par Boiled RM, Sarangapur, Rep. by Kailash Goenka, S/o Dulichand Goenka, R/o Nizamabad. 23 Sri Sitarama Modern & Parboiled RM, Kamareddy, Rep. by Harish Goenka, S/o Dulich and Geenka, R/o Nizamabad. 24 Sri R.K.Modern Rice Mill, Khanapur, Rep. by Pavan Kumar Kedia, S/o Ram Nivas Kedia, R/o Nizamabad. 25 Sri Panduranga Rice Mill, Khanapur, Nizamabad, Rep .by G.Ratnakar, S/o Ramulu, R/o Nizamabad. 26 Sri Venkataramana Paddy Processing Industries, Khanapur, Nizamabad, Rep. by D.Srinivas, S/o Jagadishwer Gupta, R/o Nizamabad. 27 Vamshikrishna Binny RM, Arsapalli, Nizamabad, Rep. by D.Srinivas, S/o Jagadiswer Gupta, R/o Nizamabad. 28 Sri Vaman Traders, Manikbhander, Nizamabad, Rep. by l.Rajulu, S/o Sharabaiah, R/o Nizamabad. ..... PETITIONERS AND 1 The Government of A.P., Rep. by its Secretary, Food and Agriculture (Marketing)Dept. Secretariat, Hyderabad. 2 The Government of A.P., Rep. by its Secretary, Law and Legislative Affairs, Secretariat, Hyderabad. 3 The Director of Marketing, Government of A.P., Hyderabad. 4 Agricultural Market Committee, Nizamabad, Rep. by its Secretary, Nizamabad District. .....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 a writ of Mandamus or any other appropriate writ declaring that the action of the respondents in notifying the Rice as agricultural produce for the purpose of levy of Market Fee under the provisions of the A.P. Agricultural (Produce & Live Stock) Markets Act, 1966, is arbitrary and illegal, and direct the respondents not to insist the petitioners to pay the Market Fee on the Rice milled from out of paddy, if necessary by granting a declaration that Rice is not an agricultural produce within the meaning of the A.P. Agricultural (Produce & Live Stock) Markets Act, 1966, and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR ANIMAL HUSBANDARY WRIT PETITION NO : 17352 of 2003 Between: 1 M/s.Srinivasa Rice Mill, Rep. by its partner Y.Krishna Murthy, S/o.Gundaiah, Narsingi, Medak Dist., R/o.Narsingi. 2 M/s.Sri Baghya Laxmi Binny Rice Mill, Narsingi, Rep.by partner Y.Nagesh,S/o.Venkaiah, R/o.Narsingi. 3 M/s.Annapurna Binny Rice Mill, Narsingi, Medak Dist., Rep. by partner Y.Srinivas, S/o.Yadhagiri, R/o.Narsingi. 4 M/s.New Thirumala Binny Rice Mill, Narsingi, Medak Dist. Rep.by partner Y.Yadhagiri, S/o.Shivaiah, R/o.Narsingi. 5 M/s.Sri Balaji Binny Rice Mill, Narsingi, Rep. by partner M.Nagaraju, S/o.Siddiramulu, R/o.Narsingi. 6 M/s.Sri Sapthagiri Binny Rice Mill, Narsingi, Rep.by partner Y.Ashok, S/o.Gundaiah, R/o.Narsingi. 7 M/s.Thirumala Binny Rice Mill, Narsingi, Rep.by partner U.Omprakash, S/o.Bhoomaiah, R/o.Narsingi. 8 M/s.Bhagawathi Binny Rice Mill, Narsingi, Rep.by partner Y.Dakshnamurthy, S/o.Gundaiah, R/o.Narsingi. 9 M/s.Sri Dhanalaxmi Modern Rice Mill, Narsingi, Rep.by Managing Partner M.Chandraiah, S/o.Narayana, R/o.Narsingi. 10 M/s.Sri Krishna Modern Rice Mill, Narsingi, Rep.by Managing Partner M.Chandraiah, S/o.Narayana, R/o.Narsingi. ..... PETITIONERS AND 1 The Govt.of A.P., Rep.by its Secretary, F & A (Mktg.) Dept., Secretariat, Hyderabad. 2 The Govt.of A.P., Rep.by its Seretary, Law & Legislative Affairs, Secretariat, Hyderabad. 3 The Director of Marketing, Govt.of A.P., Hyderabad. 4 The Agrl.Market Committee, Rep.by its Secretary, Ramayampet, Medak Dist. .....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 a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in notifying the Rice as Agricultural produce for the purpose of levy of Market Fee under the provisions of the A.P. Agricultural (Produce and Livestock) Markets Act, 1966 is arbitrary and illegal and direct the respondents not to insist the petitioners to pay the Market Fee on the Rice milled from out of paddy, if necessary by granting a declaration that Rice is not an agricultural produce within the meaning of the A.P. Agricultural (Produce and Livestock) Markets Act 1966, and grant Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: MRS.NANDA R. RAO WRIT PETITION NO : 17659 of 2003 Between: 1 Sri Venkateshwara Rice Industries, Rep its M.Partner Velupalli Lavaiah S/o.Somaiah, Chityal. Nalgonda District. 2 Srivenkateshwara Modern Rice Mill, rep.by its ManagingPartner Velupalli Bixapathi,S/o.Somaiah Chityal, Nalgonda District 3 M/s.Hanuman Industries, Vattimarthy rep.by its PartnerT.Radhakishan s/o.Hanmanthaiah Chityal Mandal, Nalgonda District 4 M/s.Siddartha Industries, Paddy & Rice Mill, Vattimarthy, rep.by its Partner Pola Peddaiah, S/o.Lingaiah Chityal Mandal Nalgonda District. 5 M/s.Uday Industries, Vattimarthy rep.by its partner, V.Venkateswarlu, s/o.Narsaiah Chityal Mandal, Nalgonda District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep.by its Secretary, Food & Agriculture(M)Dept Secretariat, Hyderabad 2 The Direcstor of Marketing, Govt.of A.P., Hyderabad. 3 The Agricultural Market Committee, Rep.by its Secretary. Chityal, Nalgonda District. .....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 declare that rice is not an agricultural produce and therefore item 2 of Schedule-II of the A.P.(Agricultural Produce and Livestock) Markets Act, 1966 and therefore not in accordance with Section 2 (1) of the Act and strike down item 2 of Schedule-II of the Act and (2) to declare that stopping or otherwise obstructing the movement of Rice by the Respondents at the Check Posts or any other place, demanding and collecting Market Fee from the Petitioners is illegal and beyond the scope of Rule 75 and not in accordance with Section 12 of the Act by issuing Writ of Mandamus or any other writ, direction ore appropriate order in the circumstances of the case. Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No: N.A WRIT PETITION NO : 17726 of 2003 Between: 1 Sri Aravinda Nilaya Parboiled Modern Rice Mill, rep by its Managind Partner,Srirangam Ganesh S/o.Kistaiah, Beebigudem Village,Suryapet Tq, Nalgonda district, 2 Sri Ravindra Parboiled Modern Rice Mill Rep.by Managind Partner, B.Ravinder S/o.Guruvaiah Chivemla, Suryapet, Nalgonda District. 3 Navodaya Parboiled & Rice Industry, rep.by Mg.Partner M.Ramurthy, S/o.Rangaiah Beebigudem, Suryapet, Nalgonda District. 4 Jayalaxmi Parboiled Modern Rice Mill rep.by Managing Partner P.Narsimharao S/o.Kanakaiah, Beebigudem, Suryapet, Nalgonda District. 5 Sri Gajalakshmi Parboiled Modern Rice Mill, rep.by Partner Pabba Nageshwar Rao S/o.Uddamaiah, Bebigudem Village, Suryapet Mandal Chivemula, Nalgonda District. 6 Navarathana Paraboiled Industry rep.by partner K.Chandrasekhar S/o.K.Venkanna, Durajpally, Chevemula Mandal, Suryapet, Nalgonda Dist. 7 Krishna Sai Commercial Company, Rep.by Mg.Partner Ch.Srinivas S/o.Lakshmamaiah, Cont:Navajyothi Parboiled Rice Industry, Durajpally, Suryapet, Nalgonda District. 8 Sudha Sai Traders, Market Yard, rep.by Partner G.Nageswar Rao S/o.Ramaiah, Suryapet. Nalgonda District. 9 Janikirama Trading Company, rep.by Managing Partner Ch.Someshwarrao S/o.Chandraiah Cont:Sri VenkatalakshmParboiled Industry, Industrial Estate, Suryapet, Nalgonda Dist. 10 Swarupa Foods Private Limited, rep by Managing Director M.SrinivasuluS/o.Satyanarayana Suryapet, Nalgonda District. 11 Gouthami Parboiled Industries, Suryepet, rep.by Partner, M.Ramamurthy S/o.Challaiah Janagaon Road, Suryapet, 12 M/s.Gayathri Trading Company, rep.by partner K.Venkanna S/o.Chandraiah Pillalamarry, Suryapet, Nalgonda Distric. 13 Sri Rama Krishna Par Boiled Rice Industries, rep.by Mg.Partner, A.Ramachandraiah S/o.Rajalingaiah, Pillalamarry Village, Suryapet, Nalgonda District, 14 Nataraja Parboiled Industries, rep.by Mg.Partner B.Krishna Murthy, S/o.Narayana Bibigudem, Suryapet, 15 Sri Surya Parboiled Industry, rep.by Partner, R.Kutumbarao S/o.Narsaiah, Chivemula, Suryapet, Nalgonda Dist. 16 Venkata Krishna Trading Co., Rep/ Mg.Partner Y.Brahman Goud S/o.Sriram Goud. Bibigudem Suryapet, Nalgonda District. 17 Sri Santhoshima Parboiled Modern Rice Mill, rep.by Partner G.Venkateswarlu S/o.Guravaiah, Gaddipalli, Garidapalli Mandal, Nalgonda Dist. ..... PETITIONERS AND 1 The Government of Andhra Pradesh Rep by its Secretary, Food&Agriculture(Makg) Department, Secretariat, Hyderabad. 2 The Director of Marketing, Govt.of A.P., Hyderabad. 3 The Agricultural Market Committee, rep.by its Secretary. Suryapet, Nalgonda District. .....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 declare that Rice is not an agricultural produce and therefore item 2 of Schedule-II of the A.P.(Agricultural Produce and Livestock) Markets Act, 1966 and therefore not in accordance with Section 2(1) of the Act and strike down item 2 of Schedule-II of the Act and (2) to declare that stopping or otherwise obstructing the movement of rice by the respondents at the check posts or any other place, demanding and collecting Market Fee from the petitioners is illegal and beyond the scope of Rule 75 and not in accordance with Sec.12 of the Act by issuing writ of Mandamus or any other writ, direction or appropriate order in the circumstances of the case. Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE WRIT PETITION NO : 18075 of 2003 Between: 1 Rakesh Traders C/o.Annapurna Rice Mill, Suryapet, Nalgonda District, Rep by Prop. M. Satyanarayana, s/o Rangaiah, age 45 years. 2 Sri Balaji Rice Mill, Gunda papaiah & Co., Suryapet, Rep by partner G. Satyanarayana, S/o Gopaiah, 3 Sri Santhoshimatha Traders, Suryapet, Rep by Prop B. Anjaiah, S/o Ramaiah, 4 Ganesh Sai Trading Co, Chandrannakunta Rep by Managing Partner K. Nageswar Rao, S/o Somaiah. Suryapet. 5 Sri Laxmi Ganapathi Traders, Rep by Prop.,K. Ambarisha S/o Latchaiah, Suryapet. ..... PETITIONERS AND 1 The Government of A.P., Rep by its Secretary Foof & Agriculture (Marketing) Department, Secretariat, Hyderabad. 2 The Director of Marketing, Government of A.P., Hyderabad. 3 The Agricultural Market Committee, Rep by Secretary, Suryapet, Nalgonda District. .....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 declare that Rice is not an agricultural produce and therefore Livestock Markets Act, 1966 and therefore not in accordance with Section 2 (1) of the Act and Strike down item 2 of Schedule-II of the Act and (2) to declare that stopping or otherwise obstructing the movement of rice by the respondents at the check post or any other place, demanding and collecting Market fee from the petitioners is illegal and beyond the scope of Rule 75 and not in accordance with section 12 of the Act by issuing Writ of Mandamus or any other Writ, direction or appropriate order in the circumstances of the case. Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE WRIT PETITION NO : 18829 of 2003 Between: 1 Venkatadri Industries, Jannapally Road, Rep.by K.Rajaiah, S/o.Basaiah, R/o.Nizamabad. Khanapur, Nizamabad, 2 Hema Rice Mill, Rep.by K.Udaya Bhaskar, S/o.K.Ramchander Gupta, R/o.Nizamabad. 3 Puranmal & Sons, Rep.by Gopaldas Jaju,S/o.late Puranmal Jaju. Mubarak Nagar, Nizamabad, 4 A.Rajyalaxmi Traders, Kishan Gunj, Rep.by A.Narayana, S/o.Are Lingaiah. Nizamabad, 5 M/s.Laxmi Venkataramana Industries, Rep.by Chenna Lalitha, W/o.C.Ramesh. Kaloor, Nizamabad, 6 Ajantha Rice Mill, Dharmaram, Rep.by Hanmandlu, S/o.Narsimhulu. Nizamabad, 7 Sri Chakra Industries, Rep.by B.Hanmandlu, S/o.Narsimhulu. Bardipoor, Nizamabad, 8 Janakiram Traders, Rep.by U.Kishan, S/o.Rajaiah. Shivaji Nagar, Nizamabad, 9 Vavilala Rameshwar Industries, Khanapur, Rep.by V.V.Gangadhar Babu, S/o.Rameshwar Gupta. Nizamabad, 10 Varalaxmi Binny Rice Mill, Rep.by K.Mohan Rao, S/o.Janardhanarao. Pothangal, Navipet, Nizamabad, ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep.by Secretary, Food & Agrl.(Mktg.) Dept., Secretariat, Hyderabad. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, Rep.by Secretary. Nizamabad, .....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 declare that Rice is not an Agricultural produce and therefore item 2 of Schedule-II of the A.P. (Agrl. Produce & Livestock) Markets Act, 1966 and therefore not in accordance with Section 2(1) of the Act and strike down item 2 of Schedule-II of the Act and (2) to declare that stopping or otherwise obstructing the movement of Rice by the respondents at the check posts or any other place, demanding and collecting Market Fee from the petitioners is illegal and beyond the scope of Rule 75 and not in accordance with Sec.12 of the Act by issuing Writ of Mandamus or any other writ, direction of appropriate order in the circumstances of the case. Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: G.P. FOR AGRICULTURE WRIT PETITION NO : 19257 of 2003 Between: 1 Omkar Industries, Rep.by Deepak agarwal, S/o Gangadhar Agarwal Arsapalli, Nizamabad. 2 Bhavani Industries, Rep. by its R.Srinivas, S/o Kistaiah Kamareddy. Nizamabad. 3 Laxmi Ganesh Industries, Rep. by its Rep. by its M.Anjaneyulu, S/o Siddaiah Devunpalli, Kamareddy, Nizamabad. 4 Murali Krishna Binny Rice Mill, Rep. by its G.Muralaiah, S/o Yellaiah Kamareddy, Nizamabad ..... PETITIONERS AND 1 The Government of A.P., Rep.by its Secretary, F&A(Mktg)Department Secretariat, Hyderabad 2 The Director of Marketing, Government of A.P., Hyderabad. 3 The Agricultural Market Committee, Nizamabad. 4 The Agricultural Market Committee, Kamareddy, Nizamabad .....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 declare that Rice is not an agricultural produce and therefore item 2 of schedule -II of the A.P.(Agricultural produce and livestock) Markets Act, 1966 and therefore not in accordance with action 2 (1) of the Act and to declare that stopping or otherwise constructing the account of rice by the respondents at the check posts or any other place, demanding and collecting Market Fee from the petitioners is illegal and beyond the scope of Rule 76 and not in accordance with section 12 of the Act by issuing any writ of Mandamus or any other writ, direction or appropriate order in the circumstances and pass Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE WRIT PETITION NO : 19680 of 2003 Between: 1 M/s. Bhavani Industries, binny Rice Mill, Dharmacheruvu, Rep. by Managing Partner, S. Siddaramulu, S/o. S.Anjaiah, N.H. 7 Road, Ramayampet, Medak District 2 Sri Balaji Binny Rice Mills, Rep. by Mg. Partner, T. Chandramouli, S/o. Laxminarayana, N.H. 7 Road, Ramayampet, Medak District, 3 Kamadhenu Industries Binny Rice Mill, Rep. by Mg. Partner S. Nagabhushanam, S/o. Venkaiah, Ramayampet, Medak District, 4 M/s. Annapurna Traders, Ramayampet, Medak District Rep. by Prop. N. Ramchandram, S/o. Venkaiah, Ramayampet, Medak District 5 M/s. Sri Mahalakshmi Binny Rice Mills, Ramayanpet, Rep. by Mg. Partner T. Ravinder, S/o. Shivaiah, Ramayampet, Medak District, 6 M/s. Sri Kanyanka Parameshwari Binny Rice Mill, Rep. by prop. S. Narayana, S/o. Rajaiah, Siddpet Road, Ramayampet, Medak District, 7 M/s. Kaveri Rice Industires, Rep. Prop. K. Rajesham, s/o. Lingaiah. Akkanapeta, Ramayampet Mandal, Medak District, 8 M/s. Vijaya Durga Rice Mill, Rep. by Mg. Partner K. Venkatesham, S/o. Sidaiah, Laxmapur Village, Ramayampet Mandal, Medak District, 9 M/s. Santhosh Trading Company, Rep. by its Managing Partner Srinivas, S/o. Balaiah, Laxmapur Village, Ramayampet Mandal, Medak District, 10 M/s. Bhagyalaxmi Traders, Rep. by Mg. Partner, I. Kedarnath, S/o. Momkaiah, Konapur, Ramayampet Mandal, Medak District, 11 M/s. Maheshwari Binni Rice mill, Rep. by Mg. Partner, A. Srinivas, S/o. Shankaraiah, D. Dharmaram, Ramayampet Mandal, Medak District, 12 M/s. Vasavi Trading Company, Rep. by Ravinder, S/o. Rukmaiah, Kalvakunta Village, Ramayampet Mandal, Medak District, 13 Sri Laxmi Industries, Damarcheruvu, Rep. by Mg. Partner, E. Srinivas, S/o. Narasaiah, Ramayampet Mandal, Medak District, ..... PETITIONERS AND 1 The Government of A.P., Rep. by its Secretary, Food & Agriculture (Marketing) Dept., Secretariat, Hyderabad. 2 The Director of Marketing, Govt. of A.P., Hyderabad. 3 The Agricultural Market Committee, Rep. by its Secretary, Ramayampet Mandal, Medak District, .....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 declare that rice is not an agricultural produce and therefore item 2 of Schedule-II of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 and therefor not in accordance with Section 2(1) of the Act and strike down item 2 of Schedule0II of the Act and (2) to declare that stopping or otherwise obstructing the movement of rice by the respondents at the check posts or any other place, demanding and collecting Market Fee from the petitioner is illegal and beyond the scope of the Rule 75 and not in accordance with Section 12 of the Act by issuing Writ of Mandamus or any other writ, direction or appropriate order in the circumstances and pass Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: MRS.S.NANDA WRIT PETITION NO : 19921 of 2003 Between: 1 Sri Balaji Rice Mill., Rep.by J.Sanjeeva Kumar, S/o Lingaiah. Kamareddy., Nizamabad District., 2 M/s Sri Sai Srinivasa Trading Co., Rep.by L.Chandraiah, s/o Eshwaraiah Kamareddy Nizamabad District 3 Maheshwari Traders, Rep.by S.Gouri Shanker S/o Hanmandlu Kamareddy, Nizamabad District., 4 Balaji & Co., Rep by its Ch.Ashok, S/o. Ch.Bhoomaiah Kamareddy., Nizamabad District 5 Radha Krishna Industries., Rep.by A.Kistaiah, S/o Venkaiah Kamareddy., Nizamabad District 6 Vasavi Industries, Rep.by D.Ramesh Kumar s/o Laxmi Narayana Kamareddy, Nizamabad District., 7 Kodipyaka Rajaiah Rice Mill., Rep.by K.Rajaiah s/o Laxmaiah Kamareddy., Nizamabad District 8 Sri Raghavendra Industries, Rep.by K.Lingam, s/o Venkataramulu Kamareddy, Nizamabad District 9 M/s Shiva Sai Traders, Rep.by T.Rajeshwara Rao, s/o Kuchaiah Kamareddy, Nizamabad District 10 Sri Venkatadri Industries, Rep.by M.Prakash, s/o M.Chiranjeevulu Kamareddy, Nizamabad District 11 Sri Sangameswara Traders Rep.by A.Ramesh s/o Kistaiah Kamareddy, Nizamabad District 12 Sri Bhairava Traders., Rep.by K.Suresh S/o Bhairaiah Kamareddy, Nizamabad District 13 Sri Rajarajeshwara Rice Mill., Rep.by N.Rajeswar Reddy, S/o. N.Raji Reddy. Kamareddy, Nizamabad District 14 Sri Vyshnavi Traders., Rep.by P.Nagender s/o Bhairaiah Kamareddy, Nizamabad District 15 Shiva Krishna Rice Mill., rep.by P.Badraiah s/o Kistaiah Khanapur Nizamabad 16 Ramakrishna Industries, rep.by V.Ramulu, s/o Narayana Araspalli., Nizamabad ..... PETITIONERS AND 1 The Government of Andhra Pradesh., Rep.by its Secretary, Food & Agriculture (Mktg.) Dept., Secretariat., Hyderabad. 2 The Director of Marketing., Govt. of A.P., Hyderabad. 3 The Agricultural Market Committee, Rep.by its Secretary. Nizamabad, 4 The Agricultural Market Committee, Rep.by its Secretary. Kamareddy., Nizamabad District. .....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 declare that rice is not an agricultural produce and therefore item 2 of Schedule-II of the A.P.(Agricultural Produce and Livestock) Markets Act, 1966 and therefore not in accordance with Section 2(1) of the Act and strike down item 2 of Schedule-II of the Act and (2) to declare that stopping or otherwise obstruction the movement of rice by the Respondents at the Check posts or any other place, demanding and collecting Market fee from the petitioners is illegal and beyond the scope of Rule 75 and not in accordance with Sec.12 of the Act by issuing Writ of Mandamus or any other Writ, direction or appropriate order in the circumstances of the case Counsel for the Petitioner: MR.G.PRAMOD KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE WRIT PETITION NO : 23097 of 2003 Between: 1 Gomatha Rice Mill, Nizamabad. Rep. by Ch.Shekar, S/o.Bhairaiah, R/o. Dharmaram, 2 M/S Laxmi Ganapathi Traders, Nizamabad, rep. by K. Laxman, S/O Balraj, R/O Nizamabad 3 Panduranga Traders, Nizamabad, Rep. by B. Ramanaiah, S/o.Laxmipathi, R/o.Nizamabad. 4 Sri Venkataramana Traders, Namdevwada, Nizamabad, Rep. by M.Anjaiah, S/o.Laxmaiah, R/o.Namdevwada, Nizamabad. 5 M/S Balaji Rice Mill, Rep. by Dandayal Agarwal, S/o.Nathilal, R/o. Armoor, Nizamabad District. Janakampet, Armoor, Nizamabad District. 6 Sri Balaji Agro Industries, Armoor, Nizamabad District. Rep. by A. Balaji Agarwal, S/O Nathilal, R/o.Armoor, Nizamabad District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Food & Agrl. (Marketing) Department. Secretariat, Hyderabad. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, Rep. by its Secretary,