THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.10235 OF 2010 Dated 29th April, 2010 Between: M/s Sri Venkateswara Products …Petitioner And The State of Andhra Pradesh and another …Respondents Counsel for the petitioner : Sri S. Siva Bhami Reddy Counsel for respondent No.1: G.P. for Agriculture Counsel for respondent No.2: Sri K.Madhava Reddy The Court made the following ORDER: In this Writ Petition, the petitioner-Industry has claimed a generic and omnibus relief to the effect that the respondents shall not levy and collect market fee on the cashew nuts purchased by it outside the notified market area of respondent No.2 under the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (for short ‘the Act’). At the hearing, Sri K.Madhava Reddy, learned Standing Counsel for respondent No.2, stated that under Section 12 (1) of the Act, the Market Committee is entitled to levy and collect market fee on any livestock and products of livestock purchased or sold within the notified market area and that Explanation 1 to Section 12 (1) of the Act creates a legal fiction and raises a presumption, which, of course, is rebuttable that any notified produce taken out of the notified market area would be deemed to have been purchased or sold within the notified market area unless the contrary is proved. If the petitioner claims that the cashew nuts are being purchased by it from outside the notified market area and that no sale or purchase transactions are taking place within the notified market area of respondent No.2, it is not liable for levy of such market fees. Therefore, as and when the respondents make a demand of such market fee, the petitioner is entitled to produce proof of purchase of the cashew nuts outside the market area to show that no sale or purchase transactions have taken place within the market area of respondent No.2. Subject to showing such proof, respondent No.2 shall not levy any market fee on such transactions. However, it is made clear that this order does not preclude respondent No.2 from levying and collecting market fee if the petitioner carries on transactions of sale and purchase of cashew nuts and shells within its notified market area. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.13148 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 29th April, 2010 vrn Note: Issue C.C in one week.