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2016 Supreme(AP) 556

A.RAMALINGESWARA RAO
Kalangi Nageswara Rao – Appellant
Versus
State of Andhra Pradesh, Agriculture and Co-operation Department, Rep. by its Principal Secretary, Secretariat – Respondent


Advocates Appeared:
For the Petitioners: Vedula Srinivas, B.S. Reddy, V.V. Satish, G. Dinesh Kumar.

ORDER :

1. Heard learned Counsel for Petitioners and learned Government Pleader.

2. The point involved in this batch of cases is the legality of the restraint imposed on the petitioners by the fourth respondent – Joint Director of Agriculture, the Notified Authority, with regard to the area of sale to be operated by the petitioners after obtaining necessary acknowledgement in Form A2 under Clause 8(3) of the Fertiliser (Control) Order, 1985 (for short, the Control Order).

3. All the petitioners are wholesale dealers dealing with fertilizers under a licence issued under the above Control Order.

4. They sell the fertilizers through out the State. It is their case that by misinterpreting G.O.Ms.No.297, Agriculture & Cooperation (FP.II) Department, dated 08.12.2011, they are restrained from selling the fertilizers outside their respective districts.

5. The sale of fertilizers is governed by the said Control Order. The said Control Order was made in exercise of the powers conferred on the Central Government under Section 3 of the Essential Commodities Act, 1955. Clause 3 of the Control Order deals with fixation of prices of fertilizers and it prohibits sale of fertilizers at a price exceedin











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