THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19045 of 2009 DATE:10.09.2009 Between: Sri Sesharatna Rice Mill, Palakol, West Godavari District represented by its Managing Partner ... Petitioner and The Agricultural Market Committee, Palakol, West Godavari District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19045 of 2009 ORDER: This writ petition is filed by the petitioner rice mill seeking a Writ of Mandamus to declare the proceedings No.M.F.D.C.B.No.8/N.R(N)/2005-2006, dated 21.03.2009, issued by 1st respondent directing to pay a sum of Rs.2,78,172/- being levy payable for the year 2005-2006, as illegal and arbitrary. 2. According to the petitioner, it is a rice mill engaged in marketing of paddy, rice, etc. and it is registered with the Agricultural Market Committee, Palakol, West Godavari District - 1st respondent. It also sells agricultural market produces to the Food Corporation of India and the Andhra Pradesh State Civil Supplies Corporation. While so, without giving any notice, the 1st respondent issued proceedings No.M.F.D.C.B.No.8/N.R(N)/2005-2006, dated 21.03.2009, directing it to pay a sum of Rs.2,78,172/- being levy payable for the year 2005- 2006 within 15 days from the date of receipt of the said proceedings, though it is not liable to pay the said amount as per Section 12(2) proviso of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (for short 'the Act'). Inspite of an appeal lies, it has submitted a representation to the Regional Joint Director of Marketing, Vijayawada - 2nd respondent. Subsequently, on the ground that the proceedings dated 21.03.2009 have not been complied with, the 1st respondent issued a show cause notice on 10.08.2009 calling upon it to show cause as to why penal action should not be initiated as provided for under Section 23(1) of the Act, within seven days from the date of receipt of the said notice. Aggrieved by the same, it filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as Sri K. Madhava Reddy, Standing Counsel for Agricultural Market Committee. 4. It is the contention of the learned counsel for the petitioner that in the representation of the petitioner mill dated 02.06.2009, it is clearly mentioned as to how the petitioner mill need not pay the levy. But, without looking into the said representation, the 1st respondent issued the show cause notice dated 10.08.2009. 5. Per contra, the learned Standing Counsel for Agricultural Market Committee submitted that there is no need for the respondents to consider the representation of the petitioner mill for the reason that the petitioner has a right of appeal as provided for under Section 12(E) of the Act, by paying the entire amount of levy. 6. In the light of the controversy and now that the time given in the show cause notice dated 10.08.2009 is over, this Court is of the view that this writ petition can be disposed of with a direction to the petitioner mill to offer its explanation to the 1st respondent. 7. Accordingly, this writ petition is disposed of with a direction to the petitioner mill to approach the 1st respondent and submit a representation explaining the reasons as to how and why it need not pay the levy, within one week from today. On giving such representation, the 1st respondent shall consider the same within a period of four (4) weeks and till such time, no prosecution proceedings shall be initiated. If any adverse order is passed by the 1st respondent, it is always open for the petitioner mill to approach the appellate authority for redressal of its grievance. There shall be no order as to costs. __________________________________ GOPALA KRISHNA TAMADA, J 10th September, 2009 Note: Furnish CC by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19045 of 2009 (Disposed of) 10th September, 2009 Note: Furnish CC by two days. (b/o) CBS