HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos. 100 of 2007 and 19247 of 2006 Date : 15.12.2011 Between : Jammikunta Arthidarula Sankshema Sangam, Jammikunta village, rep. by its President & others. …..Petitioners And The Commissioner and Director of Marketing, A.P. & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos. 100 of 2007 and 19247 of 2006 COMMON ORDER : As the relief sought for in both the writ petitions is on similar set of facts, they are heard together and are being disposed of by this common order. For the purpose of disposal, I refer to the facts as arise in W.P.No.100 of 2007. The petitioner is an Organisation of commission agents in Jammikunta Agricultural Market Committee, which is governed by the provisions under the A.P. Agricultural (Produce and Live Stock) Markets Act, 1966. In these writ petitions, the petitioners have questioned the action of respondents 2 and 3 in reducing the commission from 2% to 1½%, pursuant to the circular, dated 12th September 2006. The percentage of commission permissible to the commission agents is governed by the by-laws of the Agricultural Market Committee, which are framed under the provisions of the A.P. Agricultural (Produce and Live Stock) Mrkets Act, 1966. Initially, on notified commodities, the commission agents were permitted commission charges at the rate of 1½%, but subsequently, on the representation made by the traders, the commission was enhanced to 2%. A notification was issued to that effect on 22.11.2005, amending by-law 35 in Annexure 4 of the Agricultural Market Committee, Jammikunta, in proceedings S.111(4)8394/2005. The amendment was also published in the official gazette in the Rules Supplement to Part-II, dated 22nd of December 2005. Pursuant to the said notification, the commission agents were allowed to charge 2% adthi commission on sales. Thereafter, it appears, there was a representation by a Rythu Sangham, requesting to reduce adthi commission charges from 2% to 1½%. Based on such representation, the Agricultural Market Committee, Jammikunta appears to have passed a resolution in its meeting held on 12th September 2006 for reducing adthi commission from 2% to 1½% in the interest of the farmer community and forwarded the proposals to the Commissioner for amendment of by-laws. When the proposals were sent to the 1st respondent-Commissioner, it is stated that same were returned with an objection that such proposals should be sent through proper channel. At that stage, the petitioners have filed these writ petitions, questioning the circular instructions issued by the market committee, dated 12th September 2006. In the circular notice issued by the Agricultural Market Committee, Jammikunta, the Secretary of the said Market Committee was instructed to collect the commission at the old rate and the same is to be implemented immediately. In these writ petitions, it is the grievance of petitioners that when the by-laws are not amended, it is not open for the respondents to reduce their commission. In the counter affidavit filed by the Agricultural Market Committee, Jammikunta, it is clearly stated that pursuant to the proposals and resolution passed by the Agricultural Market Committee, by-laws were not amended and when proposals were sent to the 1st respondent-Commissioner for approval and for taking further steps for amending the by-laws, same were returned on the ground that such proposals should be sent through proper channel. Thus, from the counter affidavit filed by the respondents, it is clear that the by-laws are not yet amended. When earlier, the by-laws were amended increasing the commission from 1½% to 2%, and the same was published in the District Gazette, merely on the ground that there was a representation from the Rythu Sangham, the Market Committee is not empowered to issue instructions to collect the commission at old rate. Although it is pleaded that such a step is taken in the interest of farmer community, unless the by-laws are amended in accordance with the procedure contemplated under law, the Market Committee itself cannot instruct to collect the commission only at old rate, but not at the rate as per the by-laws which are in force. As it is pleaded that in view of interim orders, respondents have not implemented the circular notice, and further, as it is stated that such proposals are not finalized and by-laws are not amended, I deem it appropriate to dispose of the writ petitions, directing the respondents not to give effect to the impugned circular instructions, dated 12th September 2006, unless the by-laws are amended, reducing the adthi commission from 2% to 1½ %. It is made clear that this order will not preclude the respondents from taking steps to amend the by-laws in terms of the resolution passed by the Agricultural Market Committee at the instance of Rythu Sangham. Subject to the above directions, both the writ petitions are disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th December 2011 ajr