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2009 Supreme(AP) 329
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE V.V.S. RAO, THE HONOURABLE MR. JUSTICE N.V. RAMANA & THE HONOURABLE MR. JUSTICE P.S. NARAYANA
Kommisetty Nammalwar & Co., Guntur
Versus
The Agricultural Market Committee, Guntur, Represented by its Secretary & Others
Writ Petition No.24818 of 2008
Decided On : 01-05-2009
Headnote:
Markets Act, 1966 - Sections 3 and 4 - Regulation of Purchase - This case, or at least, one question involved in this case, was once decided by a Division Bench of this Court in Gurram Polisetti v Government of Andhra Pradesh (‘Ghee’ is ‘clarified butter’ obtained through heating process and used as cooking medium or taken as food. 2000 (4) ALD 253 (DB)) The Division Bench judgment was assailed before the Supreme Court in Civil Appeal No.4484 of 2000 (Guntur District Produ.M.A.Co-op Un.Ltd v Agricultural Market Committee) - The apex Court set aside the Judgment of this Court and remitted for fresh hearing - Thereafter, petitioners in remanded matters, withdrew those writ petitions with liberty to file fresh writ petition - This writ petition came to be filed thereafter - A learned single Judge, before whom initially matter was listed, referred writ petition to Division Bench - But, learned Chief Justice directed that the matter be heard by a Full Bench - Whether ‘ghee’ is a ‘product of livestock’, under the provisions of Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966 and whether Government Notification vide G.O.Ms.No.286, Agriculture & Cooperation (Mktg-1) Department, notifying among others, ‘ghee’ as one of the products of livestock for the purpose of regulation of purchase and sale in all notified market areas is not valid? These are the two questions before this Full Bench - The consideration of these two questions involves interpretation of Sections 3 and 4 of the Act – Held, the relevant portions of the provisions of both Sections 3 and 4 specified above and in the light of the fact that in sub-sections, the expressions ‘shall’ and ‘may’ have been employed, this Court is of the considered opinion that the steps contemplated in issuance of the notifications being mandatory or imperative, it cannot be said that these are only directory and hence this is only a curable irregularity - It is needless to say that inasmuch as there is no serious controversy between the parties that all the steps as ordained by the provisions aforesaid had not been followed in issuing the impugned G.O.Ms.No.286, the said G.O. cannot be sustained and the same is liable to be quashed and accordingly, it is hereby quashed - It is needless to say that on both the grounds that ‘ghee’ would not fall within the definition of the livestock product and also on the ground that the very G.O. under challenge had not been issued in accordance with law, the provisions of the statute, the writ petitioner is bound to succeed and accordingly the Writ Petition is hereby allowed - No order as to costs - In view of Judgment of Justice V.V.S. Rao, with which Justice N.V. Ramana agreed, the writ petition is dismissed without any order as to costs – Petition allowed
V.V.S. Rao, J.
INTRODUCTION
Whether ‘ghee’ is a ‘product of livestock’, under the provisions of Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966 (the Act, for brevity) and whether Government Notification vide G.O.Ms.No.286, Agriculture & Cooperation (Mktg-1) Department, dated 05.07.1994 notifying among others, ‘ghee’ as one of the products of livestock for the purpose of regulation of purchase and sale in all notified market areas is not valid? These are the two questions before this Full Bench. The consideration of these two questions involves interpretation of Sections 3 and 4 of the Act. This case, or at least, one question involved in this case, was once decided by a Division Bench of this Court in Gurram Polisetti v Government of Andhra Pradesh (‘Ghee’ is ‘clarified butter’ obtained through heating process and used as cooking medium or taken as food. 2000 (4) ALD 253 (DB)) The Division Bench judgment was assailed before the Supreme Court in Civil Appeal No.4484 of 2000 (Guntur District Produ.M.A.Co-op Un.Ltd v Agricultural Market Committee). The apex Court set aside the Judgment of this Court and remitted for fresh hearing. Thereafter, petitioners in remanded matters, withdrew those writ petitions with liberty to file fresh writ petition. This writ petition came to be filed thereafter. A learned single Judge, before whom initially matter was listed, referred writ petition to Division Bench. But, learned Chief Justice directed that the matter be heard by a Full Bench.
BRIEF FACT OF THE MATTER
2. The factual background is not disputed by the parties. In exercise of powers under Section 3(3) of the Act, Government issued Notification vide their order in G.O.Ms.No.2095, dated 29.10.1968 (hereafter called, declaration order), notifying twenty (20) areas for the purpose of the Act in respect of agricultural produce, livestock and products of livestock (hereafter cumulatively referred to as ‘market products’) specified in Schedule II thereto. Enumerated under seven (7) groups, like agricultural group, fruit group, vegetable group, fish group, livestock group, poultry group etc, livestock product group was shown as group VI, which includes ‘ghee’ besides raw hides, raw skins, bones, horn and hoof, and hair and wool. In Guntur District, four notified areas were declared. These are (i) Guntur, Sattenapalli Taluks; (ii) Tenali, Repalli Taluks; (iii) Ongole, Bapatla Taluks; and (iv) Narasaraopet, Vinukonda and Palnad Taluks.
3. Three years after declaration order, Government of Andhra Pradesh issued G.O.Ms.No.1066, dated 30.07.1971 (published in A.P. Gazette, 14.10.1971) (hereafter called, market area order), notifying the market area for Guntur and notifying market products, which can be regulated by market committee concerned. Among various items, in this notification, ‘ghee’ was mentioned at Serial No.9. Similar notification was also issued in respect of Ongole Market Area vide G.O.Ms.No.976, dated 16.07.1971. It appears, Andhra Pradesh Agmark Ghee Packers’ Association, made a representation to delete ‘ghee’ from market area order. This was considered favourably and Government issued order being G.O.Ms.No.448, dated 29.03.1972 (hereafter called, deletion order) deleting ‘ghee’ from respective market area orders. By reason of deletion order, ‘ghee’ ceased to be a product of livestock in relation to Guntur and Ongole market areas, which means that market committees of these areas, could no more regulate sale or purchase of ghee nor levy market fee. It may be mentioned that when once an agricultural produce or products of livestock is/are notified, no person shall purchase, sale, store without obtaining a licence granted by the market committee (Section 7) and it shall be competent market committee to levy fees on such product (Section 12). Be that as it may, Government of Andhra Pradesh issued Notification vide their order in G.O.Ms.No.286, Agriculture & Cooperation (Mktg-I) Department, dated 05.07.199
