APHC010161742024 IN THE HIGH COURT OF ANDHRA PRADESH [3330]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 8308/2024 BETWEEN:

D. Firoj Ali Khan, ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s)

Counsel for the Petitioner: 1. A HANUMANTHA REDDY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR AGRICULTURE

3. ASHOK KONDETI

4. Gangisetty Rajeswara rao,Standing Counsel For Agricultural Marketing Committees The Court made the following:

ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

….pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the orders issued by the 3^rd respondent herein PROCS No.TR45/2018-2023, dt. 6.1.2024 in respect to Shop Room No.16 (Plot No.12 of Kadapa lands) of 3^rd respondent Market Yard as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. (Agricultural Produce and Livestock) Marked Act of 1966 and Rules of 1969 made there under and also one without jurisdiction and violative of Article 19(1) (g) of the constitution of India and thereby consequently direct the 3^rd respondent Market Yard to permit the Petitioner to continue to his business as per the general license terms as granted by the 3^rd respondent herein by setting aside the above impugned order dated 06.01.2024 and pass such other or further orders……..

2. In addition to the above prayer, by way of better affidavit, it is further prayed that the 3^rd respondent may be directed to remove the lock fixed to shop No.16 (Plot No.13 of Kadapa old Market Yard, Kadapa, forthwith, and to award compensation of Rs.9,00,000/- for breaching the statutory fundamental rights guaranteed under Article 14, 19(g) and 21 of the Constitution of India.

3. The facts that are germane for the disposal of the case, and the case of the petitioner is as follows:

The Cuddaph Turmeric Merchant’s Association, gave a representation expressing their grievance about incurring huge losses due to turning their turmeric produce into spoiled and unwanted commodity due to ejection of bad smell and emitting unwanted heat and gasses because of the refrigeration process, thereby the fruit business conducted by the petitioner is not only against the agreement conditions signed by the petitioner and also contrary to the pre-set / pre-approved conditions framed for the purpose of allotment of such plots as well as in violation of bye-laws and Andhra Pradesh (Agricultural Produce and Live Stock Markets Rules) [for short Rules]

4. On receipt of such notice from The Cuddaph Turmeric Merchant’s Association, a show cause notice dated 25.11.2022 was issued to the petitioner herein duly directing why license should not be cancelled for violating agreement by way of constructing cold storage godown at Shop No.16, (on Plot No.13, old market yard).

5. Assailing the said notice dated 25.11.2022, of the 3^rd respondent-Market-Committee, a Writ Petition No.1137 of 2023 was filed by the petitioner herein and the said Writ Petition was disposed of directing the petitioner herein to submit his explanation to the notice dated 25.11.2022 and after submitting the said explanation, directed the 3^rd respondent herein to consider and pass appropriate orders. Accordingly, the petitioner herein submitted his explanation and after consideration of the explanation submitted by the petitioner, giving an opportunity to the petitioner, the 3^rd respondent has delivered the impugned speaking order dated 06.01.2024, directing the petitioner herein to stop his business operations within a period of two months from the date of receipt of the copy of the impugned order, failing which the individual liable both departmental action and judicial prosecution.

6. Assailing the said order dated 06.01.2024, wherein and whereby, the 3^rd resp