IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5050 of 2001 Between: M/s. Narmada Seeds Company, Rep. by its Proprietor N.Yada Rao, S/o. Narasinga Rao, R/o. Toopran, Medak District. ..... PETITIONER AND The Secretary, Agriculture Marketing Committee, Gajwel. .....RESPONDENT 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 appropriate Writ or order/direction more particulars once in the nature of Writ of Mandamus declare the action of the Respondent in compelling the Petitioner is to pay the market fee for unlicensed period as illegal, arbitrary and against principles of natural justice and consequently set a side the Notice No.31/2001, dated 13-3-2001 issued by the Respondent to the extent of demanding market fee upto March 2000. Counsel for the Petitioner:MR.P.GIRI KRISHNA Counsel for the Respondent: S.C. FOR AGRICULTURAL MARKET COMMITTEE The Court made the following : THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5050 of 2001 ORDER: This writ petition is directed against the notice issued by the respondent bearing No.31/2001, dated 13-03-2001. 2. The said show-cause notice is challenged on the ground that licence was granted to the petitioner for the period from 01-04-2000 to 28-02- 2001and for the period prior to grant of licence, the market fee cannot be collected. 3. While issuing notice before admission, this court granted status-quo on 22-03-2001 on condition that the petitioner pays market fee of Rs.26,676/- within two weeks. 4. It was reported to this court on 20-04-2001, the petitioner had complied with the conditional order. 5. Since the issue involved in this writ petition is with regard to the validity of the demand of the respondent, as made in his notice, giving liberty to the petitioner to file it’s explanation would meet the ends of justice. 6. The writ petition is, therefore, disposed of permitting the petitioner to file it’s explanation to the impugned notice within a period of four weeks from today. On receipt of such explanation, the respondent shall consider the same and shall pass appropriate orders in accordance with law. The amount deposited by the petitioner shall abide the result of the final orders to be passed by the respondent. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 02-12-2008 Prv