APHC010231682025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Friday, the twenty second day of August two thousand and twenty five The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 13673 of 2025 Between: M/s. S.S.S.Agro Products Private Limited … Petitioner The State of Andhra Pradesh and o Counsel for the Petitioner: 1. Chintapalli Srinivas Counsel for the Respondent 1. G.N.Uma Rani (Standing 2. G.P. for Agriculture The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Friday, the twenty second day of August two thousand and twenty five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 13673 of 2025 M/s. S.S.S.Agro Products Private Limited … Petitioner and he State of Andhra Pradesh and others … Respondents Counsel for the Petitioner: hintapalli Srinivas Counsel for the Respondents: tanding Counsel for A.M.C.) griculture The Court made the following: [3311] Friday, the twenty second day of August two thousand and twenty five M/s. S.S.S.Agro Products Private Limited … Petitioner er … Respondents 2 W.P.No.13673 of 2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents herein in levying and collecting the market fee on the cashews purchased by the petitioner's company outside the notified areas of respondent No.7 herein as arbitrary, illegal and capricious and violative of the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Market Act, 1966 and without jurisdiction and consequently direct the respondents not to levy and collect the market fee on the Cashews at check posts contrary to provisions of the Act 16 of 1966. 2. The learned counsel for the petitioner requested to pass order similar to the order dated 19.06.2009 in W.P.No.10979 of 2009 passed by this High Court in a similar matter and followed in the order dated 09.07.2009 in W.P.No.13595 of 2009. 3. The learned Assistant Government Pleader for Agriculture reported no objection to pass similar order. 4. Ms. G.N.Uma Rani, learned standing counsel for A.M.C. representing the respondent No.7, submitted that the Commissioner and Director of Agricultural Market, Government of Andhra Pradesh, Hyderabad, issued a Memo No.S-III (1) 9513/2012, dated 07.01.2013, issued instructions for collection of market fee at the check post on Agricultural commodities imported from other states. The instructions are as below: 3 W.P.No.13673 of 2025 “Ref:- 1. This office Circular No.RC.I(3)/1770/97, Dt:27.10.1998. 2. This office Circular No.RC. I(1)/6/2000, Dt:31.05.2000. 3. This office Circular No. Unit-V(2)186/2001, Dt:12.03.2001 & 23.03.2001. 4. This office Circular No. Unit-V(3)351/2012, Dt:19.08.2012. 5. This office Memo.No.S II (1) 9/2006, Dt:26.05.2007. 6. This office Memo.L.Dis. No. Projects/1309/2008, Dt:10.11.2008. 7. Repn. Dt:04.05.2012, President, A.P.State Dall Millers & Traders Federation # 15-9-28, Muktyargunj, Hyderabad 500 012. 8. Govt. Memo.No.11533/A.M. IV/2012-1, Dt:25.09.2011 along with Repn. Dt:20.09.2012 of General Manager, Plant Lipids Pvt. Ltd. Kandkur, Ranga Reddy Dist. 9. Repn. Dt:20.09.2012 of General Manager, Plant Lipids Pvt. Ltd, Kandkur, Ranga Reddy Dist. 10. This office Memo. No.SIII(1)9513/2012, Dt:03.11.2012. 11. Lr.No.Nil, Dt:23.11.2012 from General Manager, Plant Lipids (P) Ltd., Kandukur Post, Ranga Reddy Dist. The President, A.P.State Dall Millers & Traders Federation, Hyderabad & General Manager, M/s Plant Lipids (P) Ltd., Kandukur, R.R.Dist. in the ref. 7th & 9th cited has requested this office for issue of directions to AMCs, Check post staff not to collect market fee on notified Agril. Commodities on transportation from other States to A.P. State. 4 W.P.No.13673 of 2025 In this regard, it is to inform that, as per this office Circular Instructions under reference 1st to 6th & 10th cited, all the AMC's were specifically directed not to collect market fee at Check Posts on notified Agril. Commodities in transit, if the commodity is brought from other States for processing and export purpose. The commodity particulars recorded at the border check posts shall be communicated to the concerned Market Committee every month, who in turn shall verify the transactions in the purchase returns submitted by the concerned trader. Claim of the trader-purchaser that the commodity was purchased outside the State and transported into the State at the risk of the purchaser shall be examined for levy of market fee at the time of assessment. However if the commodity is resold in the State, Market Fees shall be collected on such resale. Inspite of specific instructions, it has come to the notice of this office that certain staff at check posts are collecting market fee on the commodities being imported from other States disregarding the instructions already issued which leads to legal complications in the matter. In view of the above, the Secretaries of all AMCs in the State are instructed to follow the Circular Instructions issued by this office earlier vide ref. 1st to 6th & 10th cited scrupulously and also directed not to collect the Market Fee on the Agril. Commodities while in transit i.e., importing from other States, as the collection of market fee is in contrary to the instructions issued by the Department. 5 W.P.No.13673 of 2025 The above instructions should be followed strictly, failing which the matter will be viewed seriously and stern action will be taken against the concerned.” 5. Since there is no conflict between the order in the W.P.No.10979 of 2009 and the instructions noted above, the writ petition is disposed of in terms of the W.P.No.10979 of 2009 and the same shall be read as part of this order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 22.08.2025 RSD/PNV 6 W.P.No.13673 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 13673 of 2025 Date: 22.08.2025