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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE TARLADA RAJASEKHAR RAO, J
Sri Laxminarasimha Coconut Traders – Appellant
Versus
State Of Andhra Pradesh – Respondent
COMMON ORDER:
TARLADA RAJASEKHAR RAO, J.
In all these Writ Petitions, the issue involved is one and the same.Hence, they are being disposed of by this common order. The facts narrated in W.P.No.43674 of 2018 are being taken up for disposal of all the Writ Petitions.
2. The petitioners in all these Writ Petitions are aggrieved by the action of the Agricultural Market Committee in collecting the market fee notified commodities as well detaining the vehicles at the point of check- posts for non-payment of fee, inasmuch as it verges on arrogating and assuming the power beyond the authority of law vested in the respondent committees under Section 12(1) of the A.P.(Agricultural Produce and Livestock) Markets Act, 1966, and it openly runs in defiance of settled principles of law as laid down by the Hon’ble Supreme Court and the High Court, besides, it glaringly falls foul of the Memo in 59/23/2015.SO(MKTG.II) dated 08.02.2016 issued by the Principal Secretary, Agricultural and Co-operation Department.
3. The case of the petitioners is that though there is no sale or purchase within the area of market committee, the market committee is harassing and directing the petitioners to pay the market
Market fees can only be levied if agricultural produce is sold or purchased within the notified market area, as per Section 12(1) of the A.P. Markets Act.
(1) It is obligation of importer to realise market fee from purchaser and pay the same to Market Committee.(2) It is sale within market area that attracts levy of market fee and not first purchase th....
The burden of proof lies with parties claiming exemption from market fees, necessitating sufficient evidence of transactions occurring outside designated market areas.
Market Committees have the implied authority to levy and assess fees under the M.P. Agricultural Produce Markets Act despite the absence of explicit procedural rules.
Guidelines for Price Support Scheme – guidelines issued by the Government of India to refuse to comply with its obligation to pay the market fees to the petitioner
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