IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.26651 and 27202 of 2007 WP.No.26651 of 2007 Between: M/s. Subrahmanyeswara Gunny Traders Anantapur. … Petitioner And The Govt., of A.P., rep., by its Principal Secretary, Agriculture & Commerce (Marketing Dept.,) Hyderabad & another. … Respondents Counsel for the Petitioners: Sri M.V.J.K.Kumar Counsel for respondent No.1: AGP for Agriculture Counsel for respondent No.2: Sri P. Bhanuprakash The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.26651 and 27202 of 2007 COMMON ORDER: Writ Petition No.26651 of 2007 is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue an appropriate writ, order or direction particularly in the nature of writ of Mandamus declaring the action of the 2nd respondent in demanding the petitioner to pay the agricultural market fee in its notice dated 03.10.2007 in RP.No.253/2007 without there being any show cause and assessment order on the purchase of certified and labeled seeds sold by the petitioner to the undertakings of State, purchased from the growers situated in outside the State of Andhra Pradesh as illegal, arbitrary, unconstitutional, unjust, opposed to the principles of natural justice and directly in conflict with the judgment of the Hon’ble Supreme Court and of this Hon’ble Court delivered in W.P.No.25255 of 2005 and consequently direct the respondents not to demand the market fee from the petitioner on its sale or purchase of the certified and labeled seeds in the interest of justice.” Writ Petition No.27202 of 2007 is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue an appropriate writ, order or direction particularly in the nature of writ of Mandamus declaring the action of the 2nd respondent in demanding the petitioner to pay the agricultural market fee in its notice dated 03.10.2007 in RP.No.204/2007 without there being any show cause and assessment order on the purchase of certified and labeled seeds sold by the petitioner to the undertakings of State, purchased from the growers situated in outside the State of Andhra Pradesh as illegal, arbitrary, unconstitutional, unjust, opposed to the principles of natural justice and directly in conflict with the judgment of the Hon’ble Supreme Court and of this Hon’ble Court delivered in W.P.No.25255 of 2005 and consequently direct the respondents not to demand the market fee from the petitioner on its sale or purchase of the certified and labeled seeds in the interest of justice.” At the hearing, it is represented by Sri M.V.J.K. Kumar, learned counsel for the petitioners and fairly conceded by Sri P.Bhanuprakash, learned Standing counsel for respondent No.2 that the issues raised in these writ petitions are covered by a Division Bench judgment of this Court in Sri Manjunatha Agro Tech Agencies and others Vs. Government of A.P., rep., by its Principal Secretary, Agriculture and Corporation (Marketing) Department and others[1]. Following the said judgment, these two writ petitions are allowed and the reasons contained therein shall be read as part of this judgment. As a sequel to disposal of the writ petitions, WPMP.Nos.34779 and 35533 of 2007 in WP.Nos.26651 and 27202 of 2007 respectively are disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 01.07.2010. ES [1] 2005 (3) ALD 245