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2026:APHC:32906 APHC010119412026

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

(Special Original Jurisdiction)

Monday, the Thirtieth day of March Two Thousand and Twenty Six

Present The Honourable Ms. Justice B.S.Bhanumathi

Writ Petition No: 6787 of 2026 Between:

The Guntur Chillies Commission Agents Association ...Petitioner and

The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner:

1. Penumaka Venkata Rao Counsel for the respondents:

1. G.P. for Agriculture The Court made the following:

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ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents Nos.1 to 3 in not considering the petitioner‟s representation dated 22.01.2026, submitted for passing necessary orders with respect to submission of affidavit about involvement of family members details that they are not the business partners with any other person to whom a licence is issued by the Market Committee either as purchaser or a commission agent as per the condition imposed under Clause 4 (h) of G.O.Ms.No.260, dated 28.09.2010 for issuance of fresh commission agent licence or renewal and further action of the respondents Nos.4 and 5 in insisting the members of the petitioner‟s association to fulfill the condition as mentioned in Clause 4 (h) in G.O.Ms.No.260 dated 28.09.2010 without issuing any notice and without there being any provision under the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 as illegal, arbitrary, capricious, discriminative, violation of principles of natural justice and contrary to the provisions of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 as amended by Act 14 of 2015 and rules framed there under and contrary to the Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents Nos.1 to 3 to consider the petitioner‟s representation dated 22.01.2026 and pass…”

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2. The case of the petitioner is, briefly, as follows:

a. The petitioner is a registered association established with an object to look after all kinds of affairs of members of the association. It has more than 600 members of commission agents and doing business

for several years in the market yard of the respondent No.4.

b. As per the definition of the commission agent, a person who offers to do anything necessary for completing or carrying out purchase or sale on behalf of the trader or the farmer, as such, the commission agents are the purchasers or the sellers of the notified agriculture

products etc., but they get commission fee as per the bye-laws.

c. G.O.Ms.No.260, Agriculture and Cooperation (AM.IV), Department, dated 28.09.2010, imposes onerous conditions under Clause 4 (h) for issuance of fresh commission agent licence and its

renewal. It reads as follows:

“The applicant should submit an affidavit that he himself or any of his family members in case sole proprietor or any partner or their family members in case of partnership firm that they are not the business partners with any other persons to whom a licenses is issued by the Market Committee either

as a purchaser or a Commission Agent.”

d. The content of the government order has enhanced legal contradictions which are exceeding the administrative authority. A government order cannot override provisions of the Act. Therefore, the G.O.Ms.No.260 cannot override the provisions of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 (in short „the Act‟) as

amended by Act 14 of 2015.

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e. Section 7 of the Act, after the amendment in the year 2015 mandates that no person shall operate as a trader or commission agent without a licence, however it does not grant the arbitrary power to the government or t