IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12348 of 2001 BETWEEN: The Central Delta Lorry Owners Cultural association, Rep. by its President Yelisetty Swamy, A.G. Road, Amalapuram, East Godavari District. ... PETITIONER AND 1 The Commissioner, Amalapuram Municipality, Amalapuram, East Godavari District. 2 Kalvakolanu Adinarayana S/o. Satyanarayana, Kalvakolanuvari Veedhi, Amalapuram, E.G. District. ...RESPONDENTS 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 a writ or order or direction more especially in the nature of Mandamus declaring the action of the in collecting the market fees (Market Rusumu) from the lorries of the members of petitioner's association for the goods carrying other than daily market places and purposes as illegal, arbitrary and without jurisdiction and consequently direct the respondents and its Subordinates not to collect the market fees for the goods unloaded in such places from the vehicles of the members of the petitioner's association and pass such other order or orders as this Court may deed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.UDAYA BHASKARA RAO Counsel for the Respondents: GP FOR MPL ADMN. & URBAN DEV. The Court made the following: ORDER: This writ petition has been filed seeking a Writ of Mandamus to direct the first respondent not to collect market fee from the members of the Petitioner-Association. 2. Learned counsel for the petitioner submits that whenever the lorries of the members of the petitioner-association unload the goods in private premises of the wholesalers in Amalapuram and its surrounding villages, the first respondent is demanding market fee. He further submits that the unloading takes place only at the non-notified market area and therefore, they are not liable to pay any market fee. 3. Learned standing counsel appearing for the first respondent submits that the members of the petitioner-association have been unloading the vegetables and goods at the notified market places, in which event, the members of the petitioner-association are liable to pay the market fee in accordance with the rules. 4. In these circumstances, the respondents are directed not to collect the market fee from the members of the petitioner-association if the goods are unloaded at the non-notified areas within the jurisdiction of Amalapuram Municipality. However, the members of the petitioner-association are liable to pay the market fee, if they unload the goods in the notified market areas. The writ petition is accordingly disposed of with the aforesaid observations. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 25, 2008 DSK