V. RAJAGOPALA REDDY, J.

( 1 ) THE petitioner, a licensed dealer in notified commoditions like Coriander seeds, Groundnut etc. , under the A. P. Agricultural (Produce and Livestock) markets Act, 1966 (for short, the Act ), challenges, in this Writ Petition, the levy of market fee and the best judgment assessment proceedings dated 31-12-1990 for the years 1981-82 to 1987-88.

( 2 ) THE case of the petitioner, in short, is that, in fact, no Market Yard was established at Guntakal, in spite of Government issuing a G. O. under sections 3 and 4 of the Act establishing a Market Yard, hence the petitioner was transacting the sales in his village. In the absence of Market Yard it cannot be said that any services have been rendered by the Market Committee and in fact no facilities have been provided by the Market Committee to the traders. Section 12 of the Act empowers a Market Committee to levy market fee only in case the Government established a Market Yard providing adequate facilities for sales or purchases, to the traders, in a market area. Hence no levy of market fee would arise and the impugned assessment is illegal.

( 3 ) THE 1st respondent filed a counter affidavit denying the alleg

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