IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.26579 of 1998 Between: Meheswari Rice Working Company, rep.by it's Partner ,A.Venkateswara Rao, S/o A.Nageswara Rao, Sajjavaripalem (P.O) & (M), Gunturdist., Guntur District ..... PETITIONER AND 1 The Prl. Secretary , Revenue Dept., The Govt. of A.P. Secretariat, Hyderabad. 2 The Commissioner , Commercial Taxes, The Govt. of A.P. Secretariat, Hyderabad. 3 The Chairman,A.P.Rural Development Board, The Govt. of A.P. Secretariat, Hyderabad. 4 The Dy.Commissioner,Commercial Taxes, Guntur, Guntur Dist. .....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 to issue a Writ of Mandamus, declaring that the A.P. Rural Devlopment Act.1996 (Act No.11/96) is illegal and unconstitutional and the power to impose the cess on the dealer or miller to pay the cess on purchase of the paddy as per Sec.7 of the Act is highly arbitrary, unreasonable and violative of Art.14, 16 & 19(1)(g) of the Constitution of India and the same may be set aside and consequently direct the respondents not to make any assessment orders in pursuance of the A.P.Rural Dev.Act.1996 (Art.No.11/96) and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.HARINATH GUPTA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{PRASAD} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.26579 of 1998 ORDER: It is represented that this writ petition is squarely covered by the principles laid down in the judgment of this Court in W.P.No.4384 of 1997 and batch, dated 25.09.1998, as well as W.P.No.9603 of 1998 and batch, dated 12.10.1998. Following the ratio laid down in the above referred judgments, the Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 04.02.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prl. Secretary , Revenue Dept., The Govt. of A.P. Secretariat, Hyderabad. 2 The Commissioner , Commercial Taxes, The Govt. of A.P. Secretariat, Hyderabad. 3 The Chairman,A.P.Rural Development Board, The Govt. of A.P. Secretariat, Hyderabad. 4 The Dy.Commissioner,Commercial Taxes, Guntur, Guntur Dist. 5 2. 2CCs to 6. 2CD copies