IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.1364 of 2009 Between: Komati Jagan Mohana Rao S/o.Chukkaiah R/o.Gollapudi ,Vijayawada (Rural), Krishna District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by the Principal Secretary to Government, Agriculture & Co-operation, (MKTG-1-2) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner and Director of Agricultural Marketing, BRK Rao Bhavan (First Floor), Near Tank Bund, Hyderabad. .....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 order or direction particularly writ of Mandamus directing the respondents to implement G.O.Rt.No.1647 Agriculture and Co-operation (AM 1) Department dated 30.12.2008 by extending the term of Agriculture Market Committee, Vijayawada, (HQ.Gollapudi), Krishna District, for a further period of six months with effect from 19.11.2008 with the existing body , declaring the Memo No.SP.4234/AM.1(2)/2008 dated 31.12.2008 issued by the First respondent as arbitrary and illegal. Counsel for the Petitioner: MR.M.N.NARASIMHA REDDY Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following : THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.1364 OF 2009 ORDER: According to the petitioner, he was appointed as Chairman of the Agricultural Market Committee, Vijayawada (Headquarters Gollapudi), Krishna District, vide G.O.Ms.No.454 dated 19.11.2005 issued by the 1st respondent constituting the said Committee for a period of three years. It is the case of the petitioner that the term of the Committee was to expire on 19.11.2008, but however, the 1st respondent extended the same for a further period of six months from 19.11.2008 with the existing body, vide G.O.Rt.No.1647 dated 30.12.2008. While so, the impugned memo dated 31.12.2008 was issued by the 1st respondent keeping the said G.O.Rt.No.1647 dated 30.12.2008 in abeyance. The petitioner contends that no reasons were mentioned in the impugned memo for ordering such abeyance immediately after one day of the extension of the term of the office and that the impugned memo was issued only at the instance of a local M.L.A. Therefore, the petitioner seeks to set aside the impugned memo by declaring the same as arbitrary and illegal. When the matter came up for hearing on 30.01.2009, this Court directed the learned Government Pleader for Agriculture to produce the record relating to the matter. Accordingly, today, the learned Government Pleader has placed before this Court the relevant record and submits that the impugned memo is only a draft memo, it is neither approved nor signed till date and that the petitioner has approached this Court only on a mere apprehension that the extension order was kept in abeyance. A perusal of the record produced by the learned Government Pleader clearly shows that the impugned memo is only a draft memo and that the decision of keeping the extension order in abeyance seems to have been not yet finalized. In the facts and circumstances of the case, the writ petition is disposed of directing the respondents to continue the Committee constituted under G.O.Ms.No.454 dated 19.11.2005 and extended by G.O.Rt.No.1647 dated 30.12.2008, and permit the petitioner to function as Chairman of the Committee, until a decision is taken by the appropriate authority with regard to continuation of the said Committee. No order as to costs. _________​__________ JUSTICE C.V. RAMULU 5th February, 2009. Note:- Issue CC by tomorrow. BO IBL