IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14799 of 2005 Between: 1 Sri Rama Raw and Boiled Rice Mill, represented by Managing Partner Muvva Subbaiah, S/o.Ankaiah R/o. Medarametla, Prakasam District. 2 Raghavendra Raw and Boiled Rice Mill, represented by Managing Partner Kota Subba Rao, S/o. Naidumma, R/o. Medarametla, Prakasam District. 3 Sri Venkata Sai Boiled and Raw Rice Mill, represented by Managing Partner Ravi Sreenivasarao, S/o. Subbarao, R/o. Medarametla, Prakasam District. 4 M/s Balaji Rao & Boiled Rice Mill, represented by Managing Partner M.Venkateswara Rao, S/o. Sita Ramaiah, R/o. Medarametla, Prakasam District. 5 Vijaya Balaji Traders, represented by Managing Partner Ch.Sreenivasarao S/o.Venkateswarlu Kundurru, Santhamaguluru Mandal, Prakasam District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, represented by its Secretary, Agricultural Department, Hyderabad. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Agricultural Market Committee, represented by its Secretary, Addanki Prakasam 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 an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of non-issuance of Permit Books by the 3rd respondent herein to the petitioners herein as arbitrary illegal capricious and violative of fundamental right guaranteed to the petitioners herein under Arts 14,19, (1) (g) and 21 of the Constitution of India and consequently direct the respondents herein to issue export permit book under the provisions of the A.P.( Agricultural Produce and Live stock ) Markets Act 1966. Counsel for the Petitioners: MR.SAI GANGADHAR CHAMARTY Counsel for the Respondents 1 and 2: None appeared. Counsel for the Respondent No.3: MR.K.MADHAVA REDDY The Court at the stage of admission made the following: ORAL ORDER: Heard the learned counsel for the petitioners and Sri K.Madhava Reddy, learned Standing Counsel for 3rd respondent and with their consent, the Writ Petition is being disposed of at the admission stage. 2. The petitioners in this Writ Petition seek a direction to the 3rd respondent to issue export permit books under the provisions of A.P. (Agricultural Produce & Livestock) Markets Act, 1966 (for short the Act). 3. The learned counsel for the petitioners Sri Sai Gangadhar Chamarty submits that as the petitioners have a subsisting license, which is valid till 2008, they are entitled for being issued export permit books under the provisions of the Act. 4. The learned Standing Counsel Sri K.Madhava Reddy, appearing for the 3rd respondent, contends that inasmuch as the petitioners herein have not approached the 3rd respondent and have instead rushed before this Court, the Writ Petition is premature and is liable to be dismissed as such. 5. The request of the petitioners is for issuance of export permit books in accordance with the provisions of the Act. It is submitted by Sri Sai Gangadhar Chamarty, learned counsel for the petitioners that the petitioners have filed applications on 18.6.2005 and 20.6.2005 before the 3rd respondent, which fact is disputed by the learned counsel for the 3rd respondent. The learned counsel for the petitioners submits that in case the aforesaid applications have not been received, the petitioners herein will file a fresh application within one week from today before the 3rd respondent. 6. There shall be a direction to the 3rd respondent to consider the application submitted by the petitioners herein within two (02) weeks after receipt of such application from the petitioners herein and to pass orders in accordance with law. 7. The Writ Petition is disposed of accordingly. No costs. ------------------------------ 18.7.2005 SSR Issue copy in one week. (BO) To 1 The Secretary, Agricultural Department, Government of Andhra Pradesh, Hyderabad. 2 The Director of Marketing, Government of Andhra Pradesh, Hyderabad. 3 The Secretary, Agricultural Market Committee, Addanki, Prakasam District. 4 2 CD copies Form-NIC-OGS/WP{MPL}