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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.Madhavi Devi
Kavitha Paraboiled Rice Industries – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. challenging market fee assessment and licence renewal procedures. (Para 1 , 2 , 3) |
| 2. arguments regarding assessment jurisdiction and alternative remedies. (Para 5 , 6 , 7) |
| 3. court's findings on the assessment procedure violations. (Para 9 , 10 , 11 , 12 , 13) |
| 4. exceptions to alternative remedies ruling, citing natural justice. (Para 14 , 15 , 16) |
| 5. court's decision to set aside assessments and allow renewal of licenses. (Para 17 , 18 , 19) |
ORDER :
T. Madhavi Devi, J.
In these Writ Petitions, the petitioners are challenging the assessment of the market fees payable by the petitioners on purchase of rice/paddy from outside the State for the assessment years 2020-2021, 2021-2022 and 2022-2023 as illegal, arbitrary and unconstitutional, without power, without jurisdiction and contrary to the provisions of the Telangana (Agricultural Produce & Live Stock) Markets Act, 1966 and the Rules made thereunder and also challenging the order dt.28.06.2024 rejecting the renewal of trade licences of the petitioners as illegal and arbitrary and to set aside the same and consequently direct the respondents to renew the trade licences of the petitioners for a further period of three y
Writ Petitions are maintainable when assessing authorities violate jurisdiction or natural justice, highlighting the necessity of due process in administrative assessments.
The court held that assessments made after the statutory period and without following proper procedures violate principles of natural justice and jurisdiction under the Telangana Agricultural Produce....
The court emphasized the necessity of complying with procedural requirements and principles of natural justice in administrative assessments, ruling that unauthorized assessments contravene statutory....
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.
The court affirmed the statutory liability to collect market fees, rejecting injunctions against enforcement as inconsistent with prior Supreme Court rulings.
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