IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE THIRD DAY OF SEPTEMBER, TWO THOUSAND TEN WRIT PETITION No.19445 of 2006 Between: M/s.Suresh Coconut Traders, Coconut Merchant, Reptd.,by its Partner-E.Suresh Babu. … Petitioner And Agricultural Market Committee, reptd., by its Secretary & Person-in-charge, Kuppam, Chittoor District and others. … Respondents Counsel for the petitioner: Sri K.Jayakumar. Counsel for the respondents: Sri K.Madhava Reddy. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in collecting market fee on the coconuts purchased outside the State and transported to Anantapur, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to refund the market fee collected from it. At the hearing it is agreed between the learned counsel for both the parties that the issue raised in this Writ Petition is covered by the Division Bench Judgments of this Court in Modern Nutrition Company Vs. Agricultural Market Committee[1] and Raghunath Cotton and Oil Products Ltd., Vs. Director of Marketing, A.P., Hyderabad[2]. By the said judgments, this Court declared that the market committees are not entitled to realize any market fee from any person at the check-post, who is not shown to have purchased or sold any agricultural produce etc., upon which fee is leviable under Section 12 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. The Division Bench also directed that if any fee is collected, in the absence of proof of the transactions within the State, the same shall be refunded. Following the above judgments, this Writ Petition is allowed in terms thereof. The petitioner is permitted to approach the respondents with representations for refund of market fee. If the petitioner is able to show proof of the transactions not taking place at the point of check post, the respondents shall consider the same and pass appropriate orders on refund of market fee in terms of the above judgments. As a sequel to disposal of the Writ Petition, WPMP No.24526 of 2006 is dismissed as infructuous. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:03-9-2010. MNR [1]) 1996 (4) ALD 801 [2]) 1997 (5) ALD 63