IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos. 13527, 9226, 11064, 11984, 11993, 11983, 14534, 13963, 11841, 18796, 18844, 20827, 18951, 13700, 13719, 14876, 13727, 14018, 16333, 16638, 18943, 16733, 11841, 16783, 17281, 17559, 17778, 20043, 20413, 20729, 21353, 20189, 20190, 20249, 20361, 20958, 21188, 20132, 21712, 22068, 22010, 21982, 21713, 21984, 22335, 22254, 22361, 21866, 21983, 22004, 21377, 14191, 14190, 14192, 14273, 19954, 20012, 14291, 14293, 14373, 14800, 13124, 14292, 20269, 20648, 20656, 20695, 20879, 16194, 16790, 16811, 17080, 16154, 12999, 18011, 18813, 17082, 18991, 19070, 19244, 19627, 19910, 20885, and 21711 of 2004 WRIT PETITION NO : 13527 of 2004 Between: Advanta India Limited, a Company incorporated under the Companies Act, 1956, having its registered Office at 405, 4th Floor, 'A' Wing, Carlton Towers, No.1, Airport Road, Bangalore and two of its Seed Processing Plants at 'B' camp Post, Krishna Nagar, Kurnool and Kallakal (V), Toopran (M) Medak Dist. rep.by its Manager-Plant Accts, Mr.B.Balaji Rao ..... PETITIONER AND 1 The State of Andhra Pradesh, represented by the Secretary, Agriculture & Co.Op. (Mktg.II) Department, Secretariat Bldgs. Hyderabad 2 The Commissioner and Director of Marketing, Government of Andhra Pradesh, Bhurgula Ramakrishna Rao Bhavan, Hyderabad 3 The Secretary, Agricultural Market Committee, Gajwel, Medak District 4 The Secretary, Agricultural Market Committee Market Yard, New Bus Stand, Kurnool .....RESPONDENT(S) 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, more particular in the nature of a Writ of Mandamus or any other appropriate Writ, Order or Direction as this Hon'ble Court may deem fit and proper, declaring (a) that the hybrid seeds produced by the Petitioner are not an 'agricultural produce' within the meaning of Section-2(i) and, at any rate, not a notified agricultural produce within the meaning of Section 2(x) as it do not form part of Schedule - II to the abovesaid Act of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966; (b) that the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 are not applicable to seeds produced by the Petitioner in the absence of any sale or purchase of any agricultural produce within the notified area under the said Act; and consequently (c) that the impugned Notice No.56/2001/G/54 dated June 03, 2004 issued by the Respondent No.3 herein is illegal, arbitrary and wholly without jurisdiction; and further (d) direct the various Agricultural Market Committees functioning under the control of the Respondent No.2 herein, including the Respondent Nos.3 and 4 herein, not to levy and collect market fee or any other fees under the aforesaid Act from the petitioner, while refunding the market fee of Rs.31,36,233.75 Ps., illegally collected from the Petitioner till date; and (e) pass such further or other orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case, including grant of costs of these proceedings and render justice Counsel for the Petitioner:MR.C.R.SRIDHARAN Counsel for the Respondent Nos. 1 & 2. GP FOR AGRICULTURE Counsel for the Respondent No.3. Sri V.V.N. Narayana Rao, S.C. for Agrl.Market Committees. Counsel for the Respondent No.4. Sri P.Bhanu Prakash, S.C. for Agrl.Market Committees. WRIT PETITION NO : 9226 of 2004 Between: Nunhems Seeds Private Ltd. Rep by Sri T.N. Rajan, Masabtank, Hyderabad. ..... PETITIONER AND 1 The Regional Vigilance and Enforcement Officer, Hyderabad Rural, 2nd floor Burgula Ramakrishnarao Bhavan, Tank Bund, Hyderabad. 2 The Secretary, Agricultural Market Committee, Medchal, Ranga Reddy District. 3 The Govt. of A.P. rep by its Secretary, Agricultural Department, Secretariat, Hyderabad. .....RESPONDENT(S) 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 a Writ, order or direcdtion more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing impugned notice No. AMC/M/9/2004-2005, DATED 22-5-2004 Calling upon the petitioner to pay the market fee as illegal, arbitrary and unjust and pass Counsel for the Petitioner:MRMRAMA NARASIMHULU Counsel for the Respondent Nos. 1 & 3: GP FOR AGRICULTURE Counsel for the Respondent No.2. Sri V.V.N.Narayana Rao WRIT PETITION NO : 11064 of 2004 Between: M/s.Nuziveedu Seeds Limited, Company Regd.under the Companies Act, 1956, rep., by its Asst.General Manager Shri S.M.Khan, s/o Sri Malakondaiah, 7-C, Surya Towers, 105, Sardar Patel Road, Secunderabad-500 003. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep., by its Secretary, Agricultural & Co-op.(Mktg.II) Department, Secretariat Building, Hyderabad. 2 The Commissioner & Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Marketing Committee, Medchal, Ranga Reddy District. .....RESPONDENT(S) 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 a writ of mandamus or any otherappropriate writ order or direction declaring the impugned Notice No.AMC/M/A/2004-2005 dated 14-06-2004 issued by the respondents as illegal and without jurisdiction and issue consequential direction prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner Company and also direct the respondents to refund the illegally collected market fee of Rs.24,49,786/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondents 1 & 2. G.P. for Agriculture Counsel for the Respondent No3. Sri V.V.N.Narayana Rao WRIT PETITION NO : 11984 of 2004 Between: M/s Nandi Seeds Private Limited, Company Regd. under the Companies Act, 1956, Rep. by its Director Shri M.V. Ratna Rao, S/o Siddaiah, aged 43, D.No. 1-7- 44/A/1, Market Road, Mahaboobnagar. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Agricultural & Co-op (Mktg.II) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of Marketing Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Marketing Committee, Mahabubnagar, Mahabubnagar District. 4 The Secretary, Agricultural Market Committee, Kurnool, Kunool District. 5 The Secretary, Agricultural Market Committee, Gadwal, Mahabubnagar District. .....RESPONDENT(S) 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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the impugned Notice No. AMC/M/47/215 dated 4-7-2004 issued by the third respondent as illegal and without jurisdiction and issue consequential direction prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner Company and also direct the respondents to refund the illegally collected market fee of Rs. 78,000/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos 1 & 2: GP FOR AGRICULTURE Counsel for the Respondent Nos. 3 & 5: Sri V.V.N.Narayana Rao Counsel for the Respondent No.4: Sri P.Bhanu Prakash WRIT PETITION NO : 11993 of 2004 Between: M/s Tulasi Seeds Private Limited Company Regd.under the Companies Act, 1956, rep.by its General Manager Shri K.R.K.Rao, S/o Rama Pullayya, aged 40 years, "Tulasi House", D.No.6-4-6, Arundalpet 4/5, Guntur ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary, Agricultural & Co- op (Mktg.II) Department, Secretariat Building, Hyderabad 2 The Commissioner & Director of Marketing, Government of Andhra Pradesh, Hyderabad 3 The Secretary, Agricultural Marketing Committee, Sattenapalli, Guntur District 4 The Secretary, Agricultural Market Committee, Kurnool, Kurnool District .....RESPONDENT(S) 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 impugned Notice R.C.No.96/2004 Super-2 dated 24-06-2004 issued by the third respondent as illegal and without jurisdiction and issue consequential direction prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner Company and also direct the respondents to refund the illegally collected market fee of Rs.52,26,282/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE Counsel for the Respondent No.3: Sri K.Madhava Reddy, Standing Counsel for Agricultural Market Committees Counsel for the Respondent No.4: Sri P. Bhanu Prakash, S.C. for Agricultural Market Committees WRIT PETITION NO : 11983 of 2004 Between: M/s.Ganga Kaveri Seeds Private Limited Company Regd.Under the Companies Act, 1956 rep., by its Administrative Officer Mr.M.Jagdish Kumar s/o Sri M.Anna Rao,1406, Babukhan Estate, Basheerbagh, Hyderabad-500 001 A.P., India. ..... PETITIONER AND 1 The Government of Andhra Pradesh rep., by its Secretary, Agricultural & Co.op.(Mktg.II) Department, Secretariat Building, Hyderabad. 2 The Commissioner & Director of Marketing Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Marketing Committee, Medchal, Ranga Reddy District. 4 The Secretary, Agricultural Marketing Committee, Huzurabad, Keshavapatnam, Karimnagar District. 5 The Secretary, Agricultural Marketing Committee, Armoor, Nizamabad District. .....RESPONDENT(S) 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 impugned Notice No.AMC/HU/Sub-Market/Kesavapatnam/2003 dated 05-05- 2004 issued by the fourth respondent as illegal and without jurisdiction and issue consequential direction prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner company and also direct the respondents to refund the illegally collected market fee of Rs.24,28,594/- from the petitioner and pass Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: G.P. for Agriculture Counsel for the Respondent Nos.3 to 5: Sri V.V.N.Narayana Rao WRIT PETITION NO : 14534 of 2004 Between: M/s Prabhat Agri Biotech Limited Company Regd.under the Companies Act, 1956, rep.by its Regional Manager T.Sreedhar, S/o T.Premchand, aged 36 years, D.No.6-3-540/10, Opp.State Bank of Hyderabad, Punjagutta, Hyderabad ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary, Agricultural & Co-op (Mktg.II) Dept. Secretariat Building, Hyderabad 2 The Commissioner & Director of Marketing, Government of Andhra Pradesh, Hyderabad 3 The Secretary, Agricultural Marketing Committee, Medchal, Ranga Reddy District 4 The Secretary, Agricultural Market Committee, Adilabad, Adilabad District 5 The Secretary, Agricultural Market Committee, Nizamabad, Nizamabad District .....RESPONDENT(S) 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 impugned Assessment Order in Proc.No.AMC/M/24/2002-2003 dated 08-07- 2004 issued by the third respondent and in demanding and collecting the market fee on the sale and purchase of 'Seed' under the A.P.(Agricultural Produce & Livestock) Market Act, 1966, as illegal and without jurisdiction and issue consequential direction prohibiting Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner Company and also direct the respondents to refund the illegally collected market fee of Rs.2,54,849/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos. 1 & 2: GP FOR AGRICULTURE Counsel for the Respondent Nos.3 to 5: Sri V.V.N.Narayana Rao WRIT PETITION NO : 13963 of 2004 Between: M/s. Vikki Agrotech Limited Company Regd. Under the Companies Act, 1956, rep by Manager Finance & Admn R. Venkateswarlu S/o Veera Swamy d.No. 8-3-960/6/2, Srinagar Colony, Hyderabad ..... PETITIONER AND 1 The Government of Andhra Pradesh rep by Secretary Agricultural & Co-op (Mktg.II) Department Secretariat Building Hyderabad 2 The Commissioner & Director of Marketing Government of Andhra Pradesh, Hyderabad 3 the Secretary Agricultural Marketing Committee Guntur Guntur District 4 The Secretary Agricultural Market Committee Kurnool Kurnool District 5 The Secretary Agricultural Market Committee Nizamabad, Nizamabad District .....RESPONDENT(S) 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 Wirt of Mandamus or any other appropriate Writ order or direction declaring the impugned Notice R.O.C. No. 70/2004 dated 08-04-2004 of the respondents in demanding and collectingthe market fee on the sale and purchase of seed' under the A.P (Agricultural Produce & Livestock) Market Act, 1966 as illegal and without jurisdiction and issue consequential direction prohibiting Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioenr Company and also direct the respondents to refund the illegally collected market fee of Rs. 1,92,005/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE Counsel for the Respondent No.3: Sri K. Madhava Reddy, S.C. for Agricultural Market Committees Counsel for the Respondent No.4: Sri P.Bhanu Prakash, S.C. for Agricultural Market Committees Counsel for the Respondent No.5: Sri V.V.N.Narayana Rao, S.C. for Agricultural Market Committees WRIT PETITION NO : 11841 of 2004 Between: M/S.Pravardhan Seeds Private Limited Company Regd.under the Comapnies Act, 1956, rep., by its Marketing Manager Shri D.Nageswara Rao, s/o Bhadraiah, 8-II, Lalbahadur Stadium, Hyderabad-500 001. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep., by its Secretary, Agricultural & Co.op.(Mktg.II) Department, Secretariat Building, Hyderabad. 2 The Commissioner & Director of Marketing Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Market Committee, Kurnool, Kurnool District. 4 The Secretary, AgriculturalMarket Committee, Hyderabad. .....RESPONDENT(S) 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 a writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents in demanding and collecting Market Fee from the petitioner on the purchase and Sale of "Seed" under the A.P.(Agricultural Produce & Livestock) Market Act, 1966, as illegal and without jurisdiction and issue consequential direction prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner company and also direct the respondents to refund the illegally collected market fee of Rs.4,91,000/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE Counsel for the Respondent No.3: Sri P.Bhanu Prakash Counsel for the Respondent No.4: Sri V.V.N.Narayana Rao WRIT PETITION NO : 18796 of 2004 Between: M/s Sri Balaji Seeds Company A firm registered under the Partnership Act, 1932 Rep.by its's Managing Partner P.Chandra Sekhar S/o.Pentaiah aged 28 years having it's Regd.Office at N.H.-7 Roads Damaracheruvu Village, Ramayampet Mandal Medak District-502 101. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep., by its Secretary Agricultural & Co.op. (Mktg.II) Department, Secretariat Building, Hyderabad. 2 The Commissioner & Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Market Committee, Nizamabad. 4 The Secretary, Agricultural Market Committee, Kishangunj, Hyderabad. 5 The Secretary, Agricultural Market Committee, Armur, Nizamabad District. 6 The Secretary, Agricultural Market Committee, Metpally, Nizamabad District. 7 The Secretary, Agricultural Market Committee, Nirmal, Nizamabad District. 8 The Secretary, Agricultural Market Committee, Metpally, Nizamabad District. 9 The Secretary, Agricultural Market Committee, Bhanswada, Nizamabad District. 10 The Secretary, Agricultural Market Committee, Badwel, Cuddapah District. 11 The Secretary, Agricultural Market Committee, Mahabubnagar, Mahabubnagar District. 12 The Secretary, Agricultural Market Committee, Alampur, Mahabubnagar District. 13 The Secretary, Agricultural Market Committee, Gadwal, Mahaboobnagar District. 14 The Secretary, Agricultural Market Committee, Shadnagar, Mahaboobnagar District. 15 The Secretary, Agricultural Market Committee, Badepalli, Mahaboobnagar District. 16 The Secretary, Agricultural Market Committee, Achampet, Mahaboobnagar District. 17 The Secretary, Agricultural Market Committee, Mydakur, Mahaboobnagar District. 18 The Secretary, Agricultural Market Committee, Huzurabad, Karimnagar, District. 19 The Secretary, Agricultural Market Committee, Porumamilla. 20 The Secretary, Agricultural Market Committee, Chintakunta. 21 The Secretary, Agricultural Market Committee, Suryapet, Nalgonda District. 22 The Secretary, Agricultural Market Committee, Kodada, Nalgonda District. 23 The Secretary, Agricultural Market Committee, Kurnool 24 The Secretary, Agricultural Market Committee, Allagadda, Kurnool District. 25 The Secretary, Agricultural Market Committee, Koyalakunta, Kurnool District. 26 The Secretary, Agricultural Market Committee, Mantralaya, Kurnool District. 27 The Secretary, Agricultural Market Committee, Adoni, Kurnool District. 28 The Secretary, Agricultural Market Committee, Nandyal, Kurnool District. 29 The Secretary, Agricultural Market Committee, Yemmiganur, Kurnool District. 30 The Secretary, Agricultural Market Committee, Nandikotkur, Kurnool District. 31 The Secretary, Agricultural Market Committee, Atmakur, Kurnool District. 32 The Secretary, Agricultural Market Committee, Alur, Kurnool District. 33 The Secretary, Agricultural Market Committee, Chintalpudi, W.G.District. 34 The Secretary, Agricultural Market Committee, Jangareddygudem, W.G.District. 35 The Secretary, Agricultural Market Committee, Sattupally, W.G.District. 36 The Secretary, Agricultural Market Committee, Rajahmundry, E.G.District. 37 The Secretary, Agricultural Market Committee, Eluru W.G.District. 38 The Secretary, Agricultural Market Committee, Jaggayyapet, Krishna District. 39 The Secretary, Agricultural Market Committee, Vijayawada, Krishna District. 40 The Secretary, Agricultural Market Committee, Nuzuvidu, Krishna District. 41 The Secretary, Agricultural Market Committee, Narasaraopet, Guntur District. 42 The Secretary, Agricultural Market Committee, Giddalur, Prakasam District. 43 The Secretary, Agricultural Market Committee, Medak, Medak District. 44 The Secretary, Agricultural Market Committee, Karimnagar, Karimnagar District. 45 The Secretary, Agricultural Market Committee, Siddipet, Medak District. 46 The Secretary, Agricultural Market Committee, Dubbak, Medak District. 47 The Secretary, Agricultural Market Committee, Peddapalli, Karimnagar District. 48 The Secretary, Agricultural Market Committee, Ramayanpet, Medak District. 49 The Secretary, Agricultural Market Committee, Pocharam, Medak District. 50 The Secretary, Agricultural Market Committee, Pitlam, Nizambad District. 51 The Secretary, Agricultural Market Committee, Medak, Medak District. 52 The Secretary, Agricultural Market Committee, Jangom, Warangal District. 53 The Secretary, Agricultural Market Committee, Yellareddy, Nizamabad District. 54 The Secretary, Agricultural Market Committee, Narayanaked Medak District. 55 The Secretary, Agricultural Market Committee, Khammam, Khammam District. 56 The Secretary, Agricultural Market Committee, Nalgonda, Nalgonda District. 57 The Secretary, Agricultural Market Committee, Ananthapur, Ananthapur District. 58 The Secretary, Agricultural Market Committee,Madanpally, Chittoor District. 59 The Secretary, Agricultural Market Committee, Dichpally, Nizamabad District. .....RESPONDENT(S) 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 a writ of Mandamus or any other appropriate writ Order or direction declaring the action of the respondents in demanding and collecting market fee from the petitioner on the purchase and sale of Seeds produced for Germination/sowing purpose under the A.P. (Agricultural Porduce and Livestock) Markets Act 1966 as illegal and without jurisdiction and issue consequential direction Prohibiting the respondents from demanding and collecting the market fee on the sale and purchase of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner firm and also direct the respondents to refund the illegally collected market fee of Rs.26,870/- from the petitioner. Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE Counsel for the Respondent Nos.3 to 22 and 43 to 56: Sri V.V.N.Narayana Rao, (S.C. for Agricultural Market Committees) Counsel for the Respondent Nos.23 to 32 and 57 & 58: Sri P.Bhanu Prakash (S.C. for Agricultural Market Committees) Counsel for the Respondent Nos.33 to 42: Sri K.Madhava Reddy, (S.C. for Agricultural Market Committees) WRIT PETITION NO : 18844 of 2004 Between: M/S Indrani Hybrid Seeds Compnay A Firm Registred under the Partnership Act, 1932, aged 45, having its Read.Office at H.No.7-37, Damarcheruvu Village, Ramayampet Mandal, Medak District. ..... PETITIONER AND 1 The Government of Andhra Pradesh rep.by its Secretary Agricultural &CO-Op(Mktg.II) Department Secretariat Building , Hyderabad 2 The Commissioner &Director of Marketing Goverment of Andhra PRadesh , Hyderabad. 3 The Secretary Agricultural Market Committee, Nizamabad 4 The Secretary Agricultural Market Committee, Kishangunj, Hyderabd 5 The Secretary Agricultural Market Committee, Armur, Nizamabad district 6 The Secretary Agricultural Market Committee, Metpally, Nizamabad district 7 The Secretary Agricultural Market Committee, Nirmal Nizamabad district 8 The Secretary Agricultural Market Committee, Metpally, Nizamabad district 9 The Secretary Agricultural Market Committee, Bhanswada Nizamabad dist. 10 The Secretary Agricultural Market Committee, Badwel Cuddapah District. 11 The Secretary Agricultural Market Committee, Mahabubnagar Mahabubnagar District 12 The Secretary Agricultural Market Committee, Alampur Mahabubnagar Dist 13 The Secretary Agricultural Market Committee, Gadwal Mahabubnagar Dist 14 The Secretary Agricultural Market Committee, Shadnagar Mahabubnagar District 15 The Secretary Agricultural Market Committee, Badepalli Mahabubnagar Dist 16 The Secretary Agricultural Market Committee, Achampet Mahabubnagar District 17 The Secretary Agricultural Market Committee, Mydukur Mahabubnagar Dist 18 The Secretary Agricultural Market Committee, Huzurabad Karimnagar Dist 19 The Secretary Agricultural Market Committee, Porumamilla 20 The Secretary Agricultural Market Committee, Chintakunta 21 The Secretary Agricultural Market Committee, Suryapet, Nalgonda District 22 The Secretary Agricultural Market Committee, Kodada Nalgonda District 23 The Secretary Agricultural Market Committee, Kurnool 24 The Secretary Agricultural Market Committee,Allagadda Kurnool district 25 The Secretary Agricultural Market Committee, Koyalakunta Kurnool district 26 The Secretary Agricultural Market Committee, Mantralaya Kurnool district 27 The Secretary Agricultural Market Committee, Adoni Kurnool district 28 The Secretary Agricultural Market Committee, Nandyal Kurnool district 29 The Secretary Agricultural Market Committee,Yemmiganur Kurnool district 30 The Secretary Agricultural Market Committee, Nandikotkur Kurnool district 31 The Secretary Agricultural Market Committee, Atmakur Kurnool district 32 The Secretary Agricultural Market Committee, Allur, Kurnool district 33 The Secretary Agricultural Market Committee, Chintalpudi W.G.District. 34 The Secretary Agricultural Market Committee, Jangareddygudem W.G.District. 35 The Secretary Agricultural Market Committee, Sattupally W.G.District. 36 The Secretary Agricultural Market Committee, Rajahmundry E.G.District 37 The Secretary Agricultural Market Committee, Eluru W.G.District. 38 The Secretary Agricultural Market Committee, Jaggayyapet Krishna District 39 The Secretary Agricultural Market Committee,Vijayawada Krishna District 40 The Secretary Agricultural Market Committee, Nuzuvidu Krishna District 41 The Secretary Agricultural Market Committee, Narasaraopet Guntur District 42 The Secretary Agricultural Market Committee, Giddalur Prakasam District 43 The Secretary Agricultural Market Committee, Medak Medak District 44 The Secretary Agricultural Market Committee, Karimnagar karimnagar District 45 The Secretary Agricultural Market Committee, Siddipet Medak District 46 The Secretary Agricultural Market Committee, Dubbak Medak District 47 The Secretary Agricultural Market Committee, Peddapalli Karimnagar District 48 The Secretary Agricultural Market Committee, Ramayanpet Medak District 49 The Secretary Agricultural Market Committee, Pocharam Medak District 50 The Secretary Agricultural Market Committee, Pitlam Nizamabad District 51 The Secretary Agricultural Market Committee, Medak Medak District 52 The Secretary Agricultural Market Committee, Jangon Warngal District 53 The Secretary Agricultural Market Committee, Yellareddy Nizamabad District 54 The Secretary Agricultural Market Committee, Narayanked, Medak District 55 The Secretary Agricultural Market Committee, Khammam Khammam District 56 The Secretary Agricultural Market Committee, Nalgonda Nalgonda District 57 The Secretary Agricultural Market Committee, Ananthapur Ananthapur District 58 The Secretary Agricultural Market Committee, Madanpally Chittoor District 59 The Secretary Agricultural Market Committee, Dichapally, Nizamabad District .....RESPONDENT(S) 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 respondents in demanding and collecting market fee fromthe petitioner ont he purchase and sale of seeds produced for Germination/sowing purpose under the AP. (Agricultural Produce & Livestock) market Act, 1996 as illegal and withotu jurisdiction and issue consequential direction prohibiting the respondent from demanding and collecting the market fee on the sale and purcahse of Certified as well as Truthfully Labeled Seed for sowing purpose from the petitioner firm and also dircet the respondents to refind the illegally collected market fee of Rs.1,87,709/- from the petitioner Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent Nos.1 & 2: GP FOR AGRICULTURE Counsel for the Respondent Nos. 33 to 42: Sri K.madhava Reddy (S.C. for Agricultural Market Committees) Counsel for the Respondent Nos.3 to 9, 11 to 18, 21, 22, 43 to 56 and 59: Sri V.V.N. Narayana Rao (S.C. for Agricultural Market Committees) Counsel for the Respondent Nos.10, 19, 20, 23 to 32, 57 and 58: Sri P.Bhanu Prakash (S.C. for Agricultural Market Committees) WRIT PETITION NO : 20827 of 2004 Between: M/s. P.N.R. Seeds Company, Rep by its Partner Shri Putti Raju, S/o. Narsimloo, aged 25 years, having it's Office at Ramayampet Village, Ramayampet Village and Mandal, Medak District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by its