THE HON’BLE SRI JUSTICE BILAL NAZKI AND THE HON’BLE SRI JUSTICE S.ANANDA REDDY WRIT PETITION NUMBERS :: 18977/02, 24991/02, 2294/03, 12763/03, 12853/03, 12872/03, 12873/03, 12953/03, 12957/03, 12986/03, 12990/03, 13190/03, 13194/03, 13313/03, 13314/03, 13315/03, 13316/03, 13317/03, 13466/03, 13467/03, 13468/03, 13469/03, 13470/03, 13471/03, 13472/03, 13889/03, 13921/03, 13990/03, 14002/03, 14003/03, 14004/03, 14005/03, 14006/03, 14007/03, 14151/03, 14152/03, 14153/03, 14154/03, 14155/03, 14156/03, 14157/03, 14158/03, 14159/03, 14160/03, 14161/03, 14311/03, 14312/03, 14313/03, 14314/03, 14315/03, 14316/03, 14317/03, 14318/03, 14319/03, 14320/03, 14519/03, 14525/03, 14541/03, 14562/03, 14564/03, 14568/03, 14569/03, 14718/03, 14719/03, 14720/03, 14721/03, 14722/03, 14723/03, 14724/03, 14725/03, 14910/03, 14911/03, 14912/03, 14913/03, 14914/03, 14915/03, 14916/03, 14917/03, 14919/03, 14920/03, 15112/03, 15120/03, 15407/03, 15408/03, 15409/03, 15410/03, 15411/03, 15412/03, 15413/03, 15414/03, 15415/03, 15416/03, 15530/03, 15793/03, 15817/03, 15850/03, 15984/03, 15988/03, 16019/03, 16074/03, 16076/03, 16137/03, 16297/03, 16496/03, 16629/03, 16638/03, 17298/03, 17314/03, 17335/03, 17337/03, 17340/03, 17353/03, 17591/03, 17746/03, 17747/03, 17865/03, 17926/03, 18056/03, 18547/03, 18769/03, 19086/03, 19184/03, 19186/03, 19191/03, 19194/03, 19195/03, 19265/03, 19266/03, 19267/03, 19268/03, 19269/03, 19270/03, 19639/03, 20528/03, 20578/03, 20686/03, 21215/03, 22867/03 23051/03, 23126/03, 24643/03, 25368/03, 27220/03, 27449/03, 1801/04, 3327/04, 3328/04, 3345/04, 3616/04, 4343/04, 5375/04, 6947/04, 7711/04, 8068/04 AND 10733/04. +WRIT PETITION NO. 3327 OF 2004 % 21-12-2004 Between: Raghavendra Rice & Dall Mill, Kuchipudi & 56 others. ..... PETITIONERS AND The Government of A.P., rep. by its Secretary, Food & Agriculture (Marketing) Department, Secretariat, Hyderabad & 4 others. .....RESPONDENTS For the Petitioners : MR.Darsi Sudhakara Rao, Advocate. For the Respondents :GP FOR AGRICULTURE. < Gist: > Head Note: ? CITATIONS: 1. AIR 1957 SC 768. 2. 1984(1) ALD 221. 3. 1997(5) ALD 63 (DB) 4. 1996(4) ALD 801 (D.B) 5. AIR 1958 MP 16 6. AIR 1961 SC 935 7. AIR 1954 SC 139 8. AIR 1958 SC 956 9. AIR 1991 SC 1289 10. AIR 1958 SC 414 11. AIR 1967 SC 276 12. AIR 2000 SC 1261 13. AIR 1983 SC 1246 C/15 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 18977 of 2002 Between: 1 Jayakrishna Rice Mill (P) Ltd., Bapatla, Guntur District, rep. by its Managing Director, Manam Nageswara Rao. 2 Sree Vasavi Rice Mill, Industrial Estate, Bapatla, Guntur District, rep. by its Partner Thatavarthi Narayana S/o Pedanarayana, Aged: 59 years. 3 Sri Lakshmi Ganapathi Rice Working Co., Karlapalem, Guntur District, rep. by its partner Kollapudi Subba Rao, S/o Punnaiah, Aged: 55 years. 4 Sree Dhanalakshmi Rice Mill, Bapatla, Guntur District, rep. by its partner Kollapudi Subba Rao, S/o Venkateswarlu, Aged: 64 years. 5 Dhanalakshmi Rice Working Co., Karlapalem, Guntur District, rep. by its Partner Kollapudi Subba rao S/o Venkateswarlu, Aged: 64 years. 6 Sri Ramanjaneya Rice Mill, Karlapalem, Guntur District, rep. by its Proprietor P. Ranga Rao S/o Venkateswarlu, aged: 42 years. 7 Sri Sainadh Rice Mill, Karlapalem, Guntur District, rep. by its Partner Thatavarthi Malekondrayudu S/o Pedanarayana, Aged: 73 years. 8 Sree Lakshmi Narayana Rice Mill, Karlapalem, Guntur District, rep. by its Partner Thatavarthi Adinarayana S/o Venkatanarayana, age: 42 years. 9 Sita Rama Rice Mill, Industrial Estate, Bapatla, Guntur District, rep. by its Managing Partner T.V. Satyanarayuana S/o Gurvaiah, age: 30 years. 10 Sri Venkateswara Rice Mill, Kajipalem, Pittalapalem Mandal, Guntur District, rep. by its Proprietor Sri K.V. Subba rao S/o Koteswara Rao, age: 42 years. 11 Vijayalakshmi Rice Mill, Kukkalavaripalem, West Bapatla, Guntur District, rep. by its Prporietor Govada Satyanarayana S/o Subba rao, age: 48 years. 12 Sri Jayalakshmi Rice Mill, Industrial Estate, Bapatla, Guntur District, rep. by its partner Thatavarthi Chandranarayana s/o Pedanarayana, age: 48 years. 13 Sri Satyanarayana Rice Mill, Bethapudi, Bapatla Mandal, Guntur District, rep. by its Proprietor P. Venkateswara Rao S/o Venkatasubbaiah, age: 48 years. 14 Mubarak Rice Mill, Chandole, P.V.Palem Mandal, Guntur District, rep. by its Partner Abdul Hameed S/o Abdul Kareem, age: 74 years. 15 Sri Manikanta Rice Mill, Bapatla, Guntur District, rep. by its Managing Partner P. Subba Rao S/o Kotaiah, age: 41 years. 16 Sri Venugopala Traders, Poondla, Bapatla Mandal, Guntur District, rep. by its Proprietor Ankata Chenchu Subba Rao S/o Suryaprakashrao, age: 47 years. 17 Kameswari Rice Mill, Bapatla, Guntur District, rep. by its Partner Kurra Srinivasa Rao, S/o Brahmaiah, age: 42 years. 18 Sri Lakshmi Balaji Traders, Bapatla, Guntur District, rep. by its Managing Partner G.V.V. Anjaneyulu S/o Venkatanarasaiah, age: 38 years. 19 Kommineni Radhakrishna Murthy, rep. by Proprietor N. Subba Rao, Vedullapalli, Guntur District 20 Venkateswara Rice Traders, Bapatla, Guntur District, rep. by its Managing Partner Chinni Mohan Rao S/o. Pedda Subbarao. 21 Umasankar Rice Traders, Bharthipudi, Bapatla Mandal, Guntur District, rep. by its Proprietor Kodali Sambasiva Rao S/o Sivaramakrishnaiah, age:42 years 22 Venkataramana Traders, Chandole, T.V.Palem Mandal, Guntur District, rep. by its Managing Partner K.V. S. Prasad S/o Nagabhushanam, age: 40 years. 23 Kollapudi Sai Babu, rep. by Proprietor Sri G.V. Satyanarayana S/o Kuchekludu, age: 30 years, Karlapalem, Guntur District 24 Sri Narayanaswamy Traders, Suryalanka Road, Bapatla, Guntur District, rep. by its Proprietor D.V. Sesha Rao S/o Velugondaiah, age: 40 years. 25 Madhavi Rice Traders, Barthipudi, Bapatla Mandal, Guntur District, rep. by its Proprietor Sri Achanta Ramesh Babu S/o Sivairamakrishnaiah age:33 yrs. 26 Sri Lakshmi Venkateswara Rice Traders, Railpet, Bapatla, Guntur District, rep. by its Proprietor P.R. Ravindrababu S/o Venkateswara Rao,age: 33 years. 27 Kumara Sankara Rice Traders, Darvadikothapalem, Bapatla Mandal, Guntur District, rep. by its Proprietor Chennemsetty Venkaiah S/o Ramanaiah, age:45 years. 28 Sri Balaji Traders, Bapatla, Guntur District, rep. by its Partner G.V. N. Kishore S/o G. Brahmaiah, age: 23 years. 29 Srinivasa Modern Rice Mill, Bapatla, Guntur District, rep. by its Partner Y.Venkateswara Rao S/o Butchaiah, age: 42 years. 30 Seeta Ramanjaneya Rice Traders, Bethapudi, Bapatla Mandal, Guntur District, rep. by its Proprietor G. Shankara Rao S/o Mutyam. 31 Sri Venkateswara Traders, Bapatla, Guntur District, rep. by its Proprietor B.V. Ratna Gupta, S/o Venkatasatyanarayana, age: 47 years. 32 Sri Lakshmi Venkateswara Traders, Narasayapalem, Bapatla Mandal, Guntur District, rep. by its Proprietor Tiondepu Koteswara Rao S/o Venkateswarlu, 33 Sri Siddeswara Rice Traders, Karlapalem, Guntur District, rep. by its Managing Partner P.V. Satyanarayana S/o Kasaiah, age: 38 years. 34 Sri Venkateswara Rice Working Company, Bapatla, Guntur District, rep. by its Managing Partner K.V. V. Satyanaraya S/o Venkata Subbaiah, age:34 Yrs. 35 Srinivas Rice Mill, Bapatla, Guntur District, rep. by its Propeitor N. Srinivasa Rao S/o Koteswara rao, age: 27 years. 36 Sri Venkatramana Rice Mill, Buddam, Karlapalem Mandal, Guntur District, rep. by its Managing Partner B. Prabhakara Rao S/o.Venkataramaiah, Age: 40 years. 37 Sri Anjaneya Rice Traders, Bapatla, Guntur District, rep. by its Proprietor V. Srinivasa Rao S/o Nageswara Rao, age: 38 years. 38 Sri Lakshmi Sai Rice Traders, Bapatla, Guntur District, rep. by its Proprietor. K. Hari Padma Prasad S/o Ankulu, age: 48 years. 39 Sri Lakshmi Ganapathi Traders, Bapatla, Guntur District, rep. by its Managing Partner T. Guru Brahmam S/o Brahmaiah, age: 41 years. 40 Sri Sai Ram Traders, Pittalavanipalem, Guntur District, rep. by its Managing Partner M. Srinivasa Raju S/o Kotamraju, age: 62 years. 41 Sri Bhagyalakshmi Satyanarayana Traders, Bapatla, Guntur District, rep. by its Proprietor V. Satyanarayana S/o Pitchaiah, age: 48 years. 42 Sri Sitaramanjaneya Rice Mill & Company, Bapatla, Guntur District, rep. by its Partner Y. Venkateswara Rao S/o Ankamma, age: 36 years. 43 Sri Lakshmi Venkateswara Rice Mill, Karlapalem, Guntur District, rep. by its Managing Partner K. Muralikrishna Murthy S/o Satyanarayana, age: 50 years. 44 Sri Lakshmi Ganapathi Raw & Boiled Rice Mill, Pericherla, Meikonduru Mandal, Guntur District, rep. by its Managing Partner Chekuri Vedamurthy, S/o Suryanarayana, age: 42 years. 45 Venkatapadmavathi Rice Mill, Vejandla, Chebrolu Mandal, Guntur District, rep.by its Managing Partner B.Venkata Reddy S/o Rami Reddy, age:42 yrs. 46 Sri Lakshmi Srinivasa Rice & Floor Mill, Chebrolu, Chebrolu Mandal, Guntur District, rep.by its Managing Partner M.Koti Reddy S/o Appireddy,age:42 yrs. 47 Lakshmi Rice Traders, Sithanagaram, Guntur Town, rep. by its Proprietor M.Suryakumari W/o Venkateswara Rao. 48 Sri Lakshmi Ganapathi Rice, Sivareddipalem, Guntur Mandal, Guntur District, rep. by its Managing Partner Chekuri Ramakrishna S/o Suryanarayana, age: 36 years. 49 Janatha Rice & Floor Mill, Nehrunagar, Guntur Town, rep. by its Propeitor Sri K. Kondaiah S/o Sithaiah, age: 50 years. 50 Sri Sakethanadh Rice Mill, Yetukur Road, Guntur Town, rep. by its Partner T. Srinivasababu S/o late Koteswarao, age: 40 years. 51 Subrahmaneswara Swamy Rice Mill, Gujjana Gundla, Guntur District, rep. by its Partner Vudatha Rajendraparasad S/o Late Narasaiah, age: 39 years. 52 Jaganmohan Rice Mill, Kobalpet, Guntur town, rep. by its Partner Sri K. Mohan Subendra Gupta S/o late Sambasivarao, age: 62 years. ..... PETITIONERS AND 1 The Director of Marketing, Government of Andhra Pradesh Hyderabad 2 The Secretary, Food & Agriculture (Marketing) Depot, Government of Andhra Pradesh, Secretariat, Hyderabad 3 The Secretary, Agricultural Marketing Committee, Bapatla, Guntur District 4 The Secretary, Agricultural Marketing Committee, Guntur District 5 The Secretary, Agricultural Marketing Commettee Tenali, Guntur 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 may be pleased to issue a writ of Mandamus or any other appropriate Writ order or direction, declaring that the action of the first respondent contained in the impugned circular bearing No. Unit-V(1) 349/2002 dated 08-07-2002, directing the agricultural market committees to levy market fees on the rice which is milled out by the petitioners from the paddy which has suffered market fee under the provisions of the A.P. (Agricultural Produce and Live stock) Markets Act, 1966, is arbitrary and illegal and direct the respondents to forbear from levying market fee on the rice (both rice & boiled) which is produced by the petitioners by milling the paddy which has suffered payment of market fee when paddy was produced from the agriculturist and further direct the respondents not to detain the trucks and lorries of the petitioners which are transporting the rice for want of payment of market fee to respondents, when the petitioners have already paid the market fee the paddy from which the rice is milled out grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioners : MR.V.VENKATARAMANA Counsel for the Respondents No.1 & 2 : GP FOR AGRICULTURE Counsel for the Respondent No.5 : Mr. POSANI VENKATESWARLU WRIT PETITION NO : 24991 of 2002 Between: 1 Sri Vijaya Traders, Sri Panduranga Rice Mill, Nandyal-518 501, Rep. by Partner Meda Lakshmaiah. 2 Prasad Traders, Allagadda-518 543, Kurnool Dist., rep. by Prop. M.Sankara Prasad. 3 Madisetty Venkata Subbaiah Sons, Allagada, Kurnool Dist., rep bu Partner, M.Srinivasulu. 4 Yerramu Traders, Allagadda, Kurnool Dist., rep. by Prop. Yerram chandra Mohana Reddy. 5 Sri Venkateswara Industries, Kandukur Road, Allagadda, Kurnool Dist., rep by Prop. Devisetty Harish Babu. 6 Devi Traders, Paddy & Rice Merchants, Noonepally, Nandyal(R.S) Kurnool Dist., rep. by Partner Ch. Suresh. 7 Nandeeswara Industry, K.C.Road,Noonpally, Nandyal (R.S), Kurnool Dist., rep by Partner K.Subbarathnam setty. 8 Makbul Modern Rice Mill, S.No.420,Ayyalur Metta, Nandyal, Nandyal Mandal, Kurnool Dist., rep by Prop. T.Maqbool Alam. 9 Sri mallikarjuna Industries (Rice Mill), Chennur (P.O), Srivel Mandal, Kurnool Dist., rep by Prop. S.V.Kulcy Reddy. 10 Sri Chandra Traders, Paddy & Rice Merchants, Park Road, Nandyal,rep. by Prop V.Chandramohan. 11 Sri Sai Ram Modern Rice Mill, Paddy & Rice Merchants, Park Road, Nandyal, rep. by Partner D.V.Rusaiah. 12 Sri Vasavi Rice Mill, Nandyal, Kurnool Dist., rep. by Prop. G.Nagisetty. 13 Bala Traders, Batchu Balaiah Sons Rice Mill, 4/424, Nagulakunta Road, Nandyal, rep. by Partner, B.Satyanarayana. 14 Sri Rama Rice Mill, R.S.Road, Near Sanjeevanagar Gate, Nandyal, rep. by Partner G.Venkatasubbaiah. 15 Sri Venkata Hiranmai Industries, R.S.Road, Nandyal, rep. by Partner G.V.S.Sudarsan. 16 Sri Sudhakar Rice Mill Contractors, Paddy & mundy Merchants, Bogguline, Nandyal R.S., rep. by Partner Y.Sugunakumar Setty. 17 Sri Sudhakar Enterprises, Paddy & Pulses, Bogguline, Nandyal R.S., rep. by PartnerY.Suguna Kumar Setty. 18 Chelemella Venugopalaiah Setty, Rice Merchants, Lessees: Sri Sai Baba Rice Mill, 3/28, K.C.Road,Noonepalle, Nandyal, rep. by Prop. Ch. Venugopalaiah Setty. 19 Sree Sivaparvathi Traders, Govinda palle (v), Srivel Mandal, Kurnool Dt., rep. by Prop. M.Siva nagi Reddy. 20 Sri Seetha Ramajaneya Food Grain Traders, Paddy & Rice Merchants, Nandyal, rep by Partner S.Nagender Rao. 21 Sudhani Trading Company, Nandyal, rep by Partner N.Abdul Subhan. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep.by its Secretary, Food and Agriculture Dept., Secretariat, Hyderabad. 2 The Directorof Marketing, Govt. of A.P., Hyderabad. 3 The Agricultural Market Committee, Nandyal, Kurnool District, rep. by its Secretary. 4 The Agricultural Market Committee, Allagadda, Kurnool District, rep. by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare the levy and collection of market Fee on Rice as contrary to law declared by Hon'ble Supreme Court of India by its judgment reported in A.I.R 1983 SC Page 1246 (Sreenivasa General Traders Vs. State of A.P ) and violate of Section 12 of the A.P (Agricultural Produce and Livestock ) Markets Act, 1966 read with Rule 74 of the A.P (Agricultural Produce and Live stock ) Markets Act, 1966 and interdict the respondents by the issue of any writ, direction or order particularly in the nature of writ of mandamus in the circumstances of the cases declaring circular No.Unit- V(1)349/2002 dated 8.7.2002 issued by respondent No.2 herein as illegal. Counsel for the Petitioners : MR.D.SUDHAKAR RAO Counsel for the Respondents No.1 & 2 : GP FOR AGRICULTURE Counsel for the Respondents No.3 & 4 : MR.BADANA.BHASKARA RAO WRIT PETITION NO : 2294 of 2003 Between: 1 Sree Vasavi Rice Mill, Railpet, Jambupalem Road, Bapatla, Guntur District, rep. by its Managing Partner Thatavarthi Narayana S/o.Pedanarayana, Age: 60 years. 2 Jayakrishna Rice Mill (P) Ltd., Bapatla, Guntur District, rep. by its Managing Director, Manam Nageswara Rao. 3 Sri lakshmi Ganapathi Rice Working Co., Karlapalem, Guntur District, rep. by its Partner, K.Venkateswarlu S/o.Punnaiah. 4 Sri Dhanalakshmi Rice Mill, Bapatla, Guntur District, rep. by its Partner, Kollapudi Subba Rao S/o.Venkateswarlu, Age: 64 years. 5 Dhanalakshmi Rice Working Co., Karlapalem, Guntur District, rep. by its Partner Kollapudi Subba Rao S/o.Venkateswarlu, Age: 64 years. 6 Sri Ramanjaneya rice Mill, Karlapalem, Guntur District, rep. by its Proprietor P.Ranga Rao S/o.Venkateswarlu, Age: 42 years. 7 Sri Sainadh Rice Mill, Karlapalem, Guntur District, rep. by its Partner Thatavarthi Malekondrayudu S/o.Pedanarayana, 73 years. 8 Sree Lakshmi Narayana Rice Mill, Karlapalem, Guntur District, rep. by its Partner Thatavarthi Adinarayana S/o.Venkatanarayana, age: 42 years. 9 Sita Rama Rice Mill, Industrial Estate, Bapatla, Guntur District, rep. by its Managing Partner, T.V.Satyanaranyana S/o.Gurvaiah, Age: 30 years. 10 Sri Venkateswara Rice Mill, Kajipalem, Pittalapalem Mandal, Guntur District, rep. by its Proprietor Sri K.V.Subba Rao S/o.Koteswara Rao, age: 42 years. 11 Vijayalakshmi Rice Mill, Kukkalavaripalem, West Bapatla, Guntur District, rep. by its Proprietor Govada Satayanarayana S/o.Subba Rao, age: 48 years. 12 Sri jayalakshmi Rice Mill, Industrial Estate, Bapatla, Guntur District, rep. by its Partner Thatavarthi Chandranarayana S/o.Pedanarayana, Age: 48 years. 13 Sri Satyanarayana Rice Mill, Bethapudi, Bapatla Mandal, Guntur District, rep. by its proprietor P.Venkateswara Rao S/o.Venkata Subbaiah, age: 48 years. 14 Mubarak Rice Mill, Chandole, P.V.Palem Mandal, Guntur District, rep. by its Partner Abdul hameed S/o.Abdul Kareem, age: 74 years.. 15 Sri manikanta Rice Mill, Bapatla, Guntur District, rep. by its Managing Partner P.Subba Rao S/o.Kotaiah, Age: 41 years. 16 Sri Venugopal Traders, Poondla, Bapatla Mandal, Guntur District, rep. by its Proprietor, Ankata Chenchu Subba Rao S/o.Suryaprakash Rao, Age: 47 years. 17 Kameswari Rice Mill, Bapatla, Guntur District, rep. by its Partner Kurra Srinivasa Rao S/o.Brahmaiah, Age: 42 years. 18 Sri lakshmi Balaji Traders, Bapatla, Guntur District, rep. by its Managing Partner G.V.V.Anajaneyulu S/o.Venkatanarasaiah, age: 38 years. 19 Kommineni Radhakrishna Murthy, rep. by Propreitor N.Subba Rao, Vedullapalli, Guntur District. 20 Venkateswara Rice Traders, Bapatla, Guntur District, rep. by its Managing Partner Chinni Mohan Rao S/o.Peda Subba Rao. 21 Umasankar Rice Traders, Bharthipudi, Bapatla Mandal, Guntur District, rep. by its Proprietor, Kodali Sambasiva Rao S/o.Sivaramakrishnaiah, Age:42 yrs. 22 Venkataramana Traders, Chandole, T.V.Palem Mandal, Guntur District, rep. by its Managing Partner K.V.S.Prasad S/o.Nagabhushanam, age: 40 years. 23 Kollapudi Sai Babu, rep. by Proprietor Sri G.V.Satyanarayana S/o.Kuchekludi, age: 30 years, Karlapalem, Guntur District. 24 Sri Narayanaswamy Traders, Suryalanka Road, Bapatla, Guntur District, rep. by its Proprietor D.V.Sesha Rao S/o.Velugondaiah, age: 40 years. 25 Madhavi Rice Traders, Barthipudi, Bapatla Mandal, Guntur District, rep. by its Proprietor Sri Achanta Ramesh Babu S/o.Sivairamakrishnaiah, age:33 yrs. 26 Sri Lakshmi Venkateswara Rice Traders, Railpet, Bapatla, Guntur District, rep. by its Proprietor P.R.Ravindrababu S/o.Venkateswara Rao, age:33 Yrs. 27 Kumara Sankara Rice Traders, Darvadikothapalem, Bapatla Mandal, Guntur District, rep. by its Proprietor Chennemsetty Venkaiah S/o.Ramanaiah, age:45 years. 28 Sri Balaji Traders, Bapatla, Guntur District, rep. by its Managing Partner G.V.N.Kishore S/o.G.Brahmaiah, age: 23 years. 29 Srinivasa Modern Rice Mill, Bapatla, Guntur District, rep. by its Partner Y.Venkateswara Rao S/o.Butchaiah, age: 42 years. 30 Seeta Ramanjaneya Rice Traders, Bethapudi, Bapatla Mandal, Guntur District, rep. by its Proprietor G.Shankara Rao S/o.Mutyam. 31 Sri Venkateswara Traders, Bapatla, Guntur District, rep. by its Proprietor B.V.Ratna Gupta S/o.Venkatasatyanarayana, age: 47 years. 32 Sri lakshmi Venkateswara Traders, Narasayapalem, Bapatla Mandal, Guntur District, rep. by its Proprietor Tiondepu Koteswara Rao S/o.Venkateswarlu. 33 Sri Siddeswara Rice Traders, Karlapalem, Guntur District, rep. by its Managing Partner P.V.Satyanarayana S/o.Kasaiah, age: 38 years. 34 Sri Venkateswara Rice Working Company, Bapatla, Guntur District, rep. by its Managing Partner K.V.V.Satyanarayana S/o.Venkata Subbaiah,age:34 Yrs. 35 Srinivasa Rice Mill, Bapatla, Guntur District, rep.by its proprietor N.Srinivasa Rao S/o.Koteswara Rao, age: 27 years. 36 Sri Venkaramana Rice Mill, Buddam, Karlapalem Mandal, Guntur District, rep. by its Managing Partner B.Prabhakara Rao S/o.Venkataramaiah, age: 40 years. 37 Sri Anjaneya Rice Traders, Bapatla, Guntur District, rep. by its Proprietor V.Srinivasa Rao S/o.Nageswara Rao, age: 38 years. 38 Sri Lakshmi Sai Rice Traders, Bapatla, Guntur District, rep. by its Proprietor K.Hari Padma Prasad S/o.Ankulu, age: 48 years. 39 Sri Lakshmi Ganapathi Traders, Bapatla, Guntur District, rep. by its Managing Partner T.Guru Brahmam S/o.Brahmaiah, age: 41 years. 40 Sri Sai ram Traders, Pittalavanipalem, Guntur District, rep. by its Managing Partner M.Srinivasa Raju S/o.Kotamraju, age: 62 years. 41 Sri Bhagyalakshmi Satyanarayana Traders, Bapatla, Guntur District, rep. by its Proprietor V.Sataynarayana S/o.Pitchaiah, age: 48 years. 42 Sri Sitaramanjaneya Rice Mill & Co., Bapatla, Guntur District, rep. by its Partner Y.Ventateswara Rao S/o.Ankamma, age: 36 years. 43 Sri lakshmi Venkateswara Rice Mill, Karlapalem, Guntur District, rep. by its Managing Partner K.Muralikrishna Murthy S/o.Satyanarayana, age: 50 years. ..... 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 Legislature Affairs, Secretariat, Hyderabad. 3 The Director of Marketing, Government of A.P., Hyderabad. 4 Agricultural Market Committee, Bapatla, rep. by its Secretary, Guntur 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 may 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 ) Market 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. Counsel for the Petitioners : MR.V.VENKATARAMANA Counsel for the Respondents No.1 to 3 : GP FOR AGRICULTURE Counsel for the Respondent No.4 : MR.VENKATESWARLU POSANI WRIT PETITION NO : 12763 of 2003 Between: M/s. Annapurna Traders C/o. Rajya Lakshmi Modern Rice Mills Denduluru - 534 432 W.G. District, rep. by its Managing Partner Mr. K. Satyanarayana ..... PETITIONER AND 1 The Director of Marketing, Government of AP, BRKR Buildings, Hyderabad 2 The Agricultural Market Committee Bhimadole, West Godavari District rep. by its Secretary. .....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, order or direction, declaring the action of the 2nd respondent in levying market fee on the sales effected by the petitioners during the financial year 2002-2003 vide impugned Notice L.No. 129/2002-2003 dated 3-6-2003 as arbitrary, whimsical, un-authorised, ultra vires of Section 12 of the Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966 and contrary to the Rules framed thereunder and set aside the same. Counsel for the Petitioner : MR.P.BALAJI VARMA Counsel for the Respondent No.1 : GP FOR AGRICULTURE Counsel for the Respondent No.2 : Mr.K.MADHAVA REDDY WRIT PETITION NO : 12853 of 2003 Between: Sri Dhanya Lakshmi Ricing Comp., Prop.Madupalli Mallikharjuna Rao & Co. Prattipadu West Godavari District. ..... PETITIONER AND 1 The Director of Marketing, Govt.of A.P. B.R.K.R., Buildings Hyderabad. 2 The Agricultural Market Coimmittee, Tanuku, West Godavari District, rep. by its Secretary.. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in levying market fee on the sales effected by the petitioners during the financial year 2002-2003 vide impugned Notice R.O.C.No.7/2003/SR dated 16-6-2003 as arbitrary, whimsical, un-authorised, ultra vires of seciton 12 of the Andhra Pradesh (Agricultural Produce and Live stock) Market Act, 1966 and contrary to the rules framed thereunder and set aside the same as such and pass such other order or orders. Counsel for the Petitioner : MR.P.BALAJI VARMA Counsel for the Respondent No.1 : GP FOR AGRICULTURE Counsel for the Respondent No.2 : Mr.K.MADHAVA REDDY WRIT PETITION NO : 12872 of 2003 Between: M/s Sri Jayalakshmi Trading Company, Prop.Bonda Sri Krishnavataram Veera Venkata Nageswara Rao & Co., Gundugolanu., Bhimadolu Mandalam West Godavari District rep.by its Partne Bonda Veera Venkata Nageswara Rao. ..... PETITIONER AND 1 The Director of Marketing Govt.of Andhra Pradesh, B.R.K.R.Buildings., Hyderabad. 2 The Agricultural Market Committee, Bhimadole., West Godavari District rep.by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the 2nd respondent in levying market fee on the sales effected by the petitioners during the financial year 2002-2003 vide impugned Notice L.No.13/2002- 2003 dated 3-6-2003 as arbitrary, whimsical, un-authorised, ultra vires of Section 12 of the Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966 and contrary to the Rules framed thereunder and set aside the same. Counsel for the Petitioner : MR.P.BALAJI VARMA Counsel for the Respondent No.1 : GP FOR AGRICULTURE Counsel for the Respondent No.2 : Mr.K.MADHAVA REDDY WRIT PETITION NO : 12873 of 2003 Between: M/s Suveera Traders c/o Suveera Rice Mills, Komadvolu, Eluru Mandal, West Godavari District rep.by its Proprietor N.V.S.V.Prasad Rao ..... PETITIONER AND 1 The Director of Marketing Govt.of Andhra Pradesh, B.R.K.R.Buildings., Hyderabad. 2 The Agricultural Market Committee, Eluru., West Godavari District., Rep.by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the 2nd respondent in levying market fee on the sales effected by the petitioners during the financial year 2002-2003 vide impugned Notice R.O.C.No.351/2002/ dated 23-5-2003 as arbitrary, whimsical, un-authorised, ultra vires of Section 12 of the Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966 and contrary to the Rules framed thereunder and set aside the same. Counsel for the Petitioner : MR.P.BALAJI VARMA Counsel for the Respondent No.1 : GP FOR AGRICULTURE Counsel for the Respondent No.2 : MR.K.MADHAVA REDDY (SC FOR AGRL.MRKT.COMTTS). WRIT PETITION NO : 12953 of 2003 Between: M/s. Sri