HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27929 of 2005 Date : 17.12.2009 Between : M/s.GTN Textiles Limited, Punjagutta, Hyderabad, rep. by its Officer (Commercial). …..Petitioner And The Secretary, Agriculture Market Committee, Sadashivapet, Medak. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27929 of 2005 ORDER : In this writ petition, the petitioner has questioned the demand notice, dated 15.11.2005, issued in Proceedings No.AMC (S)/25/2005-06/341/343, by the Secretary of the respondent-Agricultural Market Committee, calling upon the petitioner to pay an amount of Rs.68,598/- towards market fee on sale of cotton waste. 2. The amount mentioned in the demand notice was arrived at based on the earlier notices, dated 13th August 2005 and 14th October 2005. In the notice, dated 13th August 2005, issued in Proceedings No.AMC(S)/25/2005- 06/205-209, respondents have mentioned an amount of Rs.36,020/-, as due from the petitioner, towards market fee on sale of cotton waste. In the further notice, dated 14th October 2005, the respondent-Market Committee has mentioned an amount of Rs.52,389/-, but in the final notice, dated 15th November 2005, it is mentioned as Rs.68,598/-. 3. It is the case of the petitioner that as much as the cotton waste is produced after processing of the cotton purchased by them, and as the cotton has already suffered market fee, they need not pay any market fee on the cotton waste. It is also the case of the petitioner that in any event, there is no basis for the respondent-Market Committee for arriving at the figure of Rs.68,598/- in the final notice, dated 15th November 2005, issued in Proceedings No.AMC(S)/25/2005-06/341/343. 4. This writ petition was listed on 05.12.2009, 09.12.2009 and also on 16.12.2009, but there is no representation on behalf of the respondent-Market Committee on the aforesaid dates. Further, though the writ petition is of the year 2005, no counter affidavit is filed on behalf of respondent-Market Committee. 5. The plea of the petitioner that it is not liable to pay any market fee on the cotton waste, cannot be accepted, for the reason that cotton waste is also a notified item as p e r Schedule-II of the A.P. (Agricultural Produce & Livestock) Markets Act, 1966, and therefore, market fee is leviable on sale of cotton waste in the notified market area. In that view of the matter, merely because the petitioner has purchased the raw cotton which is already suffered market fee, cotton waste cannot be exempted from payment of market fee. At the same time, there is also no explanation from the respondent-Market Committee for variation in the amounts demanded from the petitioner towards market fee. Respondents have shown an amount of Rs.36,020/- in the notice dated 13th August 2005, Rs.52,389/- in the notice dated 14th October 2005, and Rs.68,598/- in the notice dated 15th November 2005. It is further submitted that pursuant to the interim orders of this Court, dated 29th December 2005, petitioner has already deposited an amount of Rs.33,200/-. In the 1st notice, there was a demand for only Rs.36,020/-, and in that view of the matter, I deem it appropriate to dispose of the writ petition by setting aside the impugned notice, dated 15.11.2005, issued in Proceedings No.AMC (S)/25/2005-06/341/343, subject to condition of depositing a further sum of Rs.2,820/- within a period of eight weeks from today. If any balance amount is payable by the petitioner, it is open for the respondent-Market Committee to issue appropriate notice to him by giving the particulars of such amounts, and take steps in accordance with law. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 17th December 2009 ajr