Case: Seedsman Association, Hyderabad and Others Vs. Principal Secretary to Govt., A.P. and Others

Seedsman Association, Hyderabad is an Association registered under the Societies Act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of Seeds Act, 1996 and the Seeds (Control) Order, 1983. From the date of sowing the Breeder/Foundation seeds, the petitioners responsibility is to procure the seeds produced according to the procedure laid down in the Indian Minimum Seed Certification Standards, 1988 which are not meant for human consumption but for the exclusive purpose of sowing only. It is further averred that the members of the petitioner association procure the special kind of seeds though they are produced from agricultural land. Since the seeds are not meant for direct human consumption, they do not fall within the definition of the consumer seeds as notified under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act,High Court disposed of a bunch of writ petitions by the common judgment and order dated 27.9.2000 and the operative portion of the order reads asThat all such items like paddy, wheat, maize, bajra, cotton seed, sunflower, safflower, jowar, etc, covered by this batch of writ petitions, which are specified in the Scheduled-II appended to the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 whether sold in original form i.e. edible or converted form i.e. chemically processed into non-edible form (seeds for germination purposes), within the precincts of notified market area/market yard, are exigible to the levy of market fee.(2) That such seeds like Tomato and castorseeds, which are derivatives of the main produce, but are sold separately and which are not specified in the Schedule-II annexed to A.P. (Agricultural Produce and Livestock) Markets Act, 1966, cannot be made liable to the levy and collection of market fee.(3) That such items specified in Schedule II referred to above which suffered the payment of market fee in an Agricultural Market Committee, shall not again be subjected to payment of market fee in any other Agricultural Market Committee, within the State of Andhra Pradesh, if the proof of such payment is furnished to the authority concerned.(4) That the petitioners shall now submit the accounts to the respective committees within a period of one month from today, whereupon the respective Agricultural Market Committees shall make assessment of the market fee payable and within one month of the service of the said assessment orders, the petitioners shall pay off the said amounts; and(5) That henceforth, the petitioners shall be liable to comply the provisions of A.P. (Agricultural Produce and Livestock) Markets, Act, 1966 in their dealings in terms covered by paragraph (1) above, within the market areas/market yards and failure to do so with render them liable for the consequences under the said Act.

Reasoning:
9. The writ petitioner no.1 in the writ petition filed before the High Court (Appellant No.1) in this Civil Appeal) is Seedsman Association, Hyderabad. No details regarding the members of the Association have been given. The only fact stated in the affidavit is that the petitioner association is a society registered under the Societies Act formed for looking after the interests and welfare of the members who are organizing seed production and processing and marketing the seeds. No details of the activity being carried on by the members of the association have been given. The writ petition and the affidavit filed in support thereof is conspicuously silent about the nature and variety of the seeds allegedly being produced by them and the method or process being adopted in production of seeds. There is no averment that the seeds in which the members of the petitioner association are dealing have been certified by the Seeds Certification Agency of the State Government. The averment in the affidavit filed in support of the writ petition that it is from the date of sowing, the Breeder/Foundation seeds, the petitioners responsibility is to procure the seeds produced according to the procedure laid down in the Indian Minimum Seed Certification Standards, 1988, .... " is not only vague but also shows that the petitioners themselves do not produce seeds but they in fact procure seeds produced by someone else. Who is the producer of seeds and what steps have been taken by such producer to ensure the quality of the seeds is not disposed. Similarly, there is no clear averment that on account of application of insecticides or chemicals and poisonous substances, the basic character of the article, namely its consumption as food by human beings or animals is irretrievably lost and that such commodity is distinct from foodgrains.10. In view of the fact that the writ petition is very vague and necessary details of the commodity and the manner of its production in which the members of the writ petitioner no. 1 (Association) claim to be dealing have not been given, it is not possible to arrive at the necessary factual finding that the foodgrains meant to be utilised as seeds has irretrievably lost its basic character i.e. its consumption as food by human beings or animals or for extraction for the like purpose and that such processed seeds have become a commodity distinct from foodgrains as commonly understood. Similar is the case of the other connected appeals. It is, therefore, not possible to give any relief to the appellants in the present appeals.