APHC010951052018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Wednesday, the Eleventh day of March, Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No.45982 of 2018 Between:

1. M/s.Sri Mahalakshmi Traders, represented by its proprietor S.Nagendra Kumar,S/o. Sri S.Veeraiah, aged about 27 years, R/o.D.No.1-3-90, 3^rd line, Gujjanagundla, Guntur-06, Guntur District.

...Petitioner and

1. The State of Andhra Pradesh, represented by its Principal Secretary, Agricultural and Co-operation Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Agricultural Marketing, Mirchi Market Yard (old), Guntur, Guntur District.

3. The Regional Joint Director of Marketing, Vijayawada, Krishna District.

4. Person-in-charge / the Chairman, the Agricultural Market Committee, Guntur, Guntur District.

5. The Agricultural Market Committee, Guntur, represented by its Selection Grade Secretary, Guntur, Guntur District.

...Respondents Counsel for the petitioner:

1. K.Madhava Reddy Counsel for the respondents:

1. Chintapalli Srinivas

2. Gangisetty Rajeswara rao, Standing Counsel For Agricultural Marketing Committees

3. Government Pleader for Agriculture (A.P)

4. B.Prakasam (Senior Standing Counsel for A.M.C.)

The Court made the following Order:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondent No.5 in not issuing an application in Form-5C and not receiving licence fee under Rule 49(3) of the Market Rules, 1969, in the process of considering the application for grant of commission agent licence to the petitioner firm, in faithful implementation of common resolution bearing No.146, dated 18.09.2018 passed by the respondent No.5 as illegal, arbitrary and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and runs in stultification of purport and effect of Rule 49(3) of the Market Rules,1969 and consequently direct the respondent No.5 to issue an application in Form-5C and receive licence fee from the petitioner in the process of considering the application for grant of commission agent licence to the petitioner, in faithful implementation of resolution No.146, dt.18.9.2018 and pass such other order or orders which this Court deems fit in the interest of justice.

02. The case of the petitioner, briefly stated, is as follows:-

The petitioner firm submitted a representation dated 14.06.2018 to the Agricultural Market Committee / respondent No.5 for grant of commission agent licence. The respondent committee considered the representation and passed a common resolution bearing No.146 in its meeting held on 18.09.2018, for grant of new commission agent licence to the petitioner firm and 11 others. The petitioner firm, upon the instructions given by the respondent No.5 / market committee, has promptly fulfilled all conditions for deposit of security amount laid down in G.O.Ms.No.57, but the respondent No.5 / market committee, till now, has not issued an application in Form-5C and received licence fee for grant of commission agent licence. The petitioner is constrained to file the petition.

03. The learned counsel for the petitioner submitted that the application submitted by the petitioner firm is kept pending and that unless application in Form-5C is issued by the authorities on receipt of necessary fee, the petitioner cannot submit application in proper form as per the Rules. He further submitted that the petitioner would abide by all the guidelines and does not insist allotment of any shop and that the petitioner is interested in securing licence only. Therefore, he requested to direct the respondents to consider the application of the petitioner on receipt of necessary fee and process the same within specified time as per law.

04. The learned Standing Counsel for Agricultu