IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 15191 of 2004 Between: M/s Supreme Exports, Eourupadu, Kalla Mandal, West Godavari District, Andhra Pradesh, rep. by its Managing Partner, S.H.V. Prasad S/o Srirama Murthy, Elurupadu, West Godavari District. ..... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Secretary, Agriculture & Co-operation (Marketing II) Department, Secretariat, Hyderabad. 2. The Commissioner and Director of Marketing, Government of Andhra Pradesh,Hyderabad. 3. The Agricultural Market Committee, Akividu, West Godavari District, rep. by its Selection Grade Secretary. ....RESPONDENTS 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 Circular No. I(2)119/03 dt. 28-7-2004 issued by the 2nd respondent directing the 3rd Respondent to collect Development Cess at the rate of Rs. 0.5% on Aqua products (Prawn) meant for export and the consequential Circular R.O.C.No. 203/04 dated 9-8-2004 directing the Petitioner to pay Development Cess at the rate of Rs.0.5% before exporting the products as illegal, arbitrary, unreasonable, null and void, without jurisdiction and without power or authority of law and ultravires the provisions of the Andhra Pradesh (Agricultural produce & Livestock) Markets Act, 1966 and violation of Articles 14, 19 (1) (g) of the Constitution of India and consequently direct the Respondents not to collect the same. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER: It is submitted by the learned counsel for the petitioner and the learned Government Pleader that the impugned Circular No.L(2)1257/2004 dated 31-08- 2004 has already been withdrawn by the Government. Recording the same, no orders are necessary and the writ petition is accordingly dismissed. No order as to costs. ____________________ B. PRAKASH RAO, J Dated: 03-09-2004 LSK/SJ To 1. The Secretary, Agriculture and Co.operation (Marketing II) Department, Secretariat, Hyderabad. 2. The Commissioner and Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3. The Selection Grade Secretary, Agricultural Market Committee, Akividu, West Godavari District. 4. Two C.Cs. to the Government Pleader for Agriculture, High Court Buildings, Hyderabad, (OUT) 5. Two C.D. copies.