IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 9692 of 2005 Between: Ranganatha Traders , rep. by its proprietor, Ch.Pedda Venkateswarlu, S/o. Anjaiah, D.No. 51-917-C3-1-B S.V.R. Complex, Opp: R.T.C. Bus Stand, Kurnool,(A.P) ..... PETITIONER AND 1 The Govt., Andhra Pradesh , rep.by its Principal Secretary, Agricultural and Cooperation(Marketing Department, Secretariat, Hyderbad. 2 The Commissioner and Diorecotr of Marketing, Burgula Rama Krishna Rao Buildings, Near Tank Bund, Hyderabad. 3 The Director General , Vigilance & Enforcement Govt., of A.P Burgula Rama Krishna Rao Buildings, Near Tank Bund, Hyderabad. 4 The Agricultural Market Committee , rep.by the Secretary, Nandikotkur Post, Kurnool District (A.P) 5 The Agricultural Market Committee , rep.by the Secretary, Kurnool 6 The Agricultural Market Committee , rep.by the Secretary, Nandyal, Kurnool District (A.P) 7 The Agricultural Market Committee , rep.by the Secretary, Allagadda, Kurnool District (A.P) 8 The Agricultural Market Committee , rep.by the Secretary, Koilkuntla, Kurnool District (A.P) 9 The Agricultural Market Committee , rep.by the Secretary, Atmakur, Kurnool District (A.P) 10 The Agricultural Market Committee , rep.by the Secretary, Dhone, Kurnool District (A.P) 11 The Agricultural Market Committee , rep.by the Secretary, Yemmiganur, Kurnool District (A.P) 12 The Agricultural Market Committee , rep.by the Secretary, Adoni, Kurnool District (A.P) 13 The Agricultural Market Committee , rep.by the Secretary, Alur, Kurnool District (A.P) 14 The Agricultural Market Committee , rep.by the Secretary, Srikalahasti, ChittoorDistrict (A.P) 15 The Agricultural Market Committee , rep.by the Secretary, Mahabubnagar District (A.P) 16 The Agricultural Market Committee , rep.by the Secretary, Alampur, Mahabubnagar District (A.P) 17 The Agricultural Market Committee , rep.by the Secretary, Gadwal, Mahabubnagar District (A.P) 18 The Agricultural Market Committee , rep.by the Secretary, Badepalli, Mahabubnagar District (A.P) 19 The Agricultural Market Committee , rep.by the Secretary, Achampet, Mahabubnagar District (A.P) 20 The Agricultural Market Committee , rep.by the Secretary, Wanaparthy, Mahabubnagar District (A.P) 21 The Agricultural Market Committee , rep.by the Secretary, Kalvakurthy, Mahabubnagar District (A.P) 22 The Agricultural Market Committee , rep.by the Secretary, Satupally Khammam District (A.P) 23 The Agricultural Market Committee , rep.by the Secretary, Chintalpudi, West Godavari District (A.P) 24 The Agricultural Market Committee , rep.by the Secretary, Vijayawada , Krishna District (A.P) 25 The Agricultural Market Committee , rep.by the Secretary, Kanchikacherla, Krishna District (A.P) 26 The Agricultural Market Committee , rep.by the Secretary, Nandigama, Krishna District (A.P) 27 The Agricultural Market Committee , rep.by the Secretary, Ongole, Prakasam District (A.P) 28 The Agricultural Market Committee , rep.by the Secretary, Giddalur, Prakasam District (A.P) 29 The Agricultural Market Committee , rep.by the Secretary, Kanigiri, Prakasam District (A.P) 30 The Agricultural Market Committee , rep.by the Secretary, Naidupet, Nellore District (A.P) .....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 or order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in insisting to take license to pay the market fee on sale and purchase of "SEEDS" as illegal, and without jurisdiction and issue consequential direction prohibiting respondents from demanding to take license and the market fee on sale and purchase of all types of seeds for sowing purpose from the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.PRAKASH REDDY Counsel for the Respondents 1 to 3 : GP FOR AGRICULTURE Counsel for the Respondents 4 to 30: Mr. V.V.Narayana Rao, Mr. K.Madhava Reddy and Mr.P.Bhanu Prakash, Standing Counsel for Agricultural Marketing Committee. The Court made the following : ORDER The present writ petition is covered by the judgment, dated 08-02-2005, passed by this Court in W.P.No.13527 of 2004 & batch. Following the same, the writ petition is ordered, directing that, a. Seeds developed and manufactured by the petitioners, and sold as certified or labeled seeds, are not subject to levy of market fee and the demand notices, if any, issued therefore are set aside. b. Vegetable seeds are not covered by the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, and are not subject to levy of market fee. c. Such part of the product, grown out of foundation seed, by a farmer, chosen by the seed manufacturers, as is not sold and used as seed, shall be liable to be levied the market fee. For this purpose, the Executive Heads of the Market Committees shall be entitled to require the Seed Manufacturers, operating within the notified area, to furnish the relevant particulars and take consequential steps. There shall be no order as to costs. __________ 27-04-2005. Mjl/* To, 1 The Principal Secretary, Government of Andhra Pradesh, Agriculture and Cooperation (Marketing) Department, Secretariat, Hyderabad. 2. The Commissioner and Director of Marketing Burgula Rama Krishna Rao building, Near Tank Bund, Hyderabad. 3. The Director General, Vigilance & Enforcement, Govt., of A.P Burgula Rama Krishna Rao Building, Near Tank Bund, Hyderabad. 4. The Secretary, Agricultural Market Committee, Nandikotkur Post, Kurnool District (A.P) 5 The Secretary, Agricultural Market Committee, Kurnool 6 The Secretary, Agricultural Market Committee , Nandyal, Kurnool District (A.P) 7 The Secretary, Agricultural Market Committee, Allagadda, Kurnool District (A.P) 8 The Secretary, Agricultural Market Committee, Koilkuntla, Kurnool District (A.P) 9 The Secretary, Agricultural Market Committee, Atmakur, Kurnool District (A.P) 10 The Secretary, Agricultural Market Committee, Dhone, Kurnool District (A.P) 11 The Secretary, Agricultural Market Committee , Yemmiganur, Kurnool District (A.P) 12 The Secretary, Agricultural Market Committee , Adoni, Kurnool District (A.P) 13 The Secretary, Agricultural Market Committee, Alur, Kurnool District (A.P) 14 The Secretary, Agricultural Market Committee, Srikalahasti, ChittoorDistrict (A.P) 15 The Secretary, Agricultural Market Committee, Mahabubnagar District (A.P) 16 The Secretary, Agricultural Market Committee, Alampur, Mahabubnagar District (A.P) 17 The Secretary, Agricultural Market Committee , Gadwal, Mahabubnagar District (A.P) 18 The Secretary, Agricultural Market Committee, Badepalli, Mahabubnagar District (A.P) 19 The Secretary, Agricultural Market Committee, Achampet, Mahabubnagar District (A.P) 20 The Secretary, Agricultural Market Committee, Wanaparthy, Mahabubnagar District (A.P) 21 The Secretary, Agricultural Market Committee, Kalvakurthy, Mahabubnagar District (A.P) 22 The Secretary, Agricultural Market Committee, Satupally Khammam District (A.P) 23 The Secretary, Agricultural Market Committee, Chintalpudi, West Godavari District (A.P) 24 The Secretary, Agricultural Market Committee, Vijayawada , Krishna District (A.P) 25 The Secretary, Agricultural Market Committee, Kanchikacherla, Krishna District (A.P) 26 The Secretary, Agricultural Market Committee, Nandigama, Krishna District (A.P) 27 The Secretary, Agricultural Market Committee, Ongole, Prakasam District (A.P) 28 The Secretary, Agricultural Market Committee, Giddalur, Prakasam District (A.P) 29 The Secretary, Agricultural Market Committee, Kanigiri, Prakasam District (A.P) 30 The Secretary, Agricultural Market Committee, Naidupet, Nellore District (A.P) 31. 2 CCs to G.P. for Agriculture, High Court Buildings, Hyderabad. 32. 2 CD copies.