APHC010342862025 IN THE HIGH COURT OF ANDHRA PRADESH _ AT AMARAVATI (Special Original Jurisdiction) SMS WEDNESDAY,THE TWENTY THIRD DAY OF TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 17123 AND 17279 OF 2025 WRIT PETITION NO: 17123 OF 2025 Between: Silpa Seva Samithi, (Registration No. 126/2003), TTD Road, Srinivasa Nagar, Nandyal, Nandyal District, rep. by its Chairman Jagadeeswara Reddy, S/o. Late B.Venkata Reddy, Aged about 60 years. B. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner and Director of Agriculture and Marketing, 7CRF+ CM2, Chuttugunta Circle, Murikipeta, Maharshi Dayanand Nagar, Guntur, Guntur District, Andhra Pradesh-522003 3. The Regional Joint Director of Marketing, Kadapa Region, YSR Kadapa District, Kadapa. 4. The Deputy Director of Marketing, Kadapa, YSR Kadapa District. 5. The Assistant Director of Marketing, Kurnool, Kurnool District. 6. The Executive Engineer, Agriculture and Marketing, Kadapa, YSR Kadapa District. 7. The Agriculture Market Committee, Nandyal, Nandyal District, Rep. by its Chairman. 8. The Assistant Marketing Manager, Agriculture Marketing Committee Nandyal, Nandyal District. 9. The Selection Grade Officer, , Agriculture Marketing Committee, Nandayal, Nandyal District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notice in ROC No.Notice/2025, dated 25.06.2025 issued by the respondent No.8 calling upon the petitioner to vacate the shop rooms allotted in its favour and being renewed from time to time at the Sub-Market at Tekka of Agriculture Market Committee, Nandyala, Kurnool District, instead of renewing the lease for further period of two years on enhancement of 5 percent of lease rental on the existing lease rentals as per the allotment as arbitrary, illegal, colourable, exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the Petitioner under Articles 14, 19, 21 of the Constitution of India and consequently set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the notice in ROC No.Notice/2025, dated 25.06.2025 issued by the respondent No.8, pending disposal of the above Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.7 to consider the representation, dated 21.03.2024 and renew the lease hold rights for further period of two years, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent Nos 1 to 6; GP FOR AGRICULTURE Counsel for the Respondent Nos. 7 to 9: SRI GANGISETTY RAJESWARA RAO, STANDING COUNSEL FOR AGRICULTURAL MARKETING COMMITTEES APHC010345802025 WRIT PETITION NO: 17279 OF 2025 Between: The Nandi Rythu Samkya, (Registration No. 513 of 1997) 25/132, Sanjiva Nagar, Nandyal, Nandyal District, rep. by its General Secretary, M.V.Krishna Reddy, S/o.M.V.Subba Reddy Aged about 60 years. ...Petitioner AND 1. The State of Andhra Pradesh rep., by its Principal Secretary Agriculture Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner and Director of Agriculture and Marketing, 7CRF+ CM2, Chuttugunta Circle, Murikipeta, Maharshi Dayanand Nagar, Guntur, Guntur District, Andhra Pradesh-522003 ' 3. The Regional Joint Director of Marketing, Kadapa Region YSR Kadapa District, Kadapa. 4. The Deputy Director of Marketing, , Kadapa, YSR Kadapa District. 5. The Assistant Director of Marketing, Kurnool, Kurnool District. 6. The Executive Engineer Agriculture and Marketing, Kadapa, Kadapa District. 7. The Agriculture Market Committee, Nandyal, Nandyal District, Rep. by its Chairman. 8. The Assistant Marketing Manager, Agriculture Marketing Committee, Nandyal, Nandyal District. 9. The Selection Grade Officer, Agriculture Marketing Committee, Nandayal, Nandyal District. ■V YSR ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notice in ROC No.Notice/2025, dated 25.06.2025 issued by the respondent No.8 calling upon the petitioner to vacate the shop rooms allotted in its favour and being renewed from time to time at the Sub-Market at Tekka of Agriculture Market Committee, Nandyala, Kurnool District, instead of renewing the lease for further period of two years on enhancement of 5 percentage of lease rental on the existing lease rentals as per the allotment as arbitrary, illegal, colourable. exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the Petitioner under Articles 14, 19, 21 of the Constitution of India and consequently set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to S®i It grant stay of all further proceedings in pursuance of the notice in ROC No.Notice/2025, dated 25.06.2025 issued by the respondent No.8, pending disposal of the above Writ Petition r y Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent Nos. 1 to 6: GP FOR AGRICULTURE Counsel for the Respondent Nos. 7 to 9: SRI GANGISETTY RAJESWARA RAO,STANDING COUNSEL FOR AGRICULTURAL MARKETING COMMITTEES The Court made the following Common order: APHC010342862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3311] Wednesday, the twenty third day of July two thousand and twenty five Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 17123 of 2025 Between: TTD Road I.Silpa Seva Samithi, (Registration No. 126/2003) Srinivasa Nagar, Nandyal, Nandyal District, rep. by its Chairman, B.Jagadeeswara Reddy, S/o. Late B.Venkata Reddy, aged about 60 years. ...Petitioner and I.The State of Andhra Pradeshrtep^bvUtsPrincipal Secretary, Agriculture Department, Secretariat Buildings; ^lagapudi, Amaravathi. 2.The Commissioner And Director Of Agriculture And Marketing, 7crf Plus Cm2, Chuttugunta Circle, Murikipeta, Maharshi Dayanand Nagar, Guntur, Guntur District, Andhra Pradesh- 522003 3.The Regional Joint Director of Marketing, Kadapa region, YSR Kadapa district, Kadapa. 4.The Deputy Director of Marketing, Kadapa, YSR kadapa district. 5.The Assistant Director of Marketing, Kurnool, kurnool district. 6.The Executive Engineer, Agriculture and Marketing, Kadapa, YSR kadapa district. 7.The Agriculture Market Committee, Nandyal, nandyal district, rep. by its Chairman. 2 WP No.17123 & 17279 of 2025 8. The Assistant Marketing Manager, Agriculture Marketing Committee, Nandyal, Nandyal district. 9. The Selection Grade Officer, Agriculture Marketing Committee, Nandayal, Nandyal district ...Respondents: Writ Petition No.17279 of 2025 Between: 1.The Nandi Rythu Samakya, (Registration no. 513 of 1997) 25/132, Sanjiva Nagar, Nandyal, Nandyal district, rep. By its General Secretary, M.V.Krishna Reddy, s/o.M.V.Subba Reddy, aged about 60 years. ...Petitioner and 1.The State of Andhra Pradesh, rep., by its Principal Secretary Agriculture Department, Secretariat buildings, Velagapudi, Amaravathi. 2.The Commissioner and Director of Agriculture and Marketing, Tcrfplus cm2, chuttugunta circle, murikipeta, maharshi dayanand nagar, Guntur, guntur district, Andhra Pradesh- 522003 3.The Regional Joint Director of Marketing, Kadapa region Y.S.R. Kadapa district, kadapa. 4.The Deputy Director of Marketing, Kadapa, Y.S.R. Kadapa district. 5.The Assistant Director of Marketing, Kurnool, Kurnool district. 6.The Executive Engineer, Agriculture and Marketing, Kadapa, Y.S.R. Kadapa district. 7.The Agriculture Market Committee, Nandyal, Nandyal district, rep. by its Chairman. 8. The Assistant Marketing Manager, Agriculture Marketing Committee, Nandyal, Nandyal district. WP No.17123 & 17279 of 2025 3 9. The Selection Grade Officer, Agriculture Marketing Committee, Nandayal, Nandyal district. ...Respondents Counsel for the Petitioner; 1.V.R. Reddy Kovvuri Counsel for the Respondent(S): 1.G.P. for Agriculture 2.Gangisetty Rajeswara Rao, Standing Counsel for Agricultural Marketing Committees The Court made the following: 4 WP No.17123 & 17279 of 2025 COMMON ORDER: Writ Petition No. 17123 of 2025 is filed under Article 226 of the Constitution of India to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notice in R.O.C.No.Notice / 2025, dated 25.06.2025 issued by the respondent No.8 calling upon the petitioner to vacate the shop rooms allotted in its favour and being renewed from time to time at the Sub- Market at Tekka of Agriculture Market Committee, Nandyala, Kurnool District, instead of renewing the lease for a further period of two years on enhancement of 5% of lease rental on the existing lease rentals as per the allotment as arbitrary, illegal, colourable, exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 of the Constitution of India and consequently set aside the same. Writ Petition No. 17279 of 2026 is filed under Petition under Article 226 of the Constitution of India to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice in R.O.C. No. Notice / 2025, dated 25.06.2025 issued by the respondent No.8 calling upon the petitioner to vacate the shop rooms allotted in its favour and being renewed from time to time at the Sub-Market at Tekka of Agriculture Market Committee, Nandyala, Kurnool District, instead of renewing the lease for further period of two years on enhancement of 5% of lease rental on the existing lease rentals as per the allotment as arbitrary, illegal, colourable, exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 of the Constitution of India and consequently set aside the same. 2. WP No.17123 & 17279 of 2025 5 3. The case of the petitioner is briefly as follows: The respondent No.4 accorded permission to the respondent No.7 to grant leasehold rights to two godowns in favour of the petitioner vide the proceedings L.Dis No. 8-2(12082/2010), dated 20.07.2010 on monthly rental basis fixed by the respondent No.6. Thereafter, the respondent No.7 issued orders RPC. No.53-2010 dated 26.07.2010 { allotting 10 shop rooms and two godowns to the petitioner subject to certain terms and conditions. The petitioner passed a resolution No.1- 2011/12 dated 30.04.2011 for starting Silpa Sahakar, Silpa Rythu Sahakar, Silpa Mahila Sahakar-MACS, Silpa Maneral Water, pursuance of the same, the petitioner started to supply the essential commodities to B.P.L. families, all the essential commodities to than 36,000 members. In more The petitioner used to extend loans to the weaker sections on nominal interest. The lease was renewed from 01.07.2022 to 30.06.2024. As the lease period was going to expire, the petitioner represented on 21.03.2024 to the respondent No.7 to renew the lease hold rights for a further period of two years. However, the respondent No.7 failed to renew the lease hold rights and the respondent No.2 issued notice in R.O.C. No.337 of 2012 dated -nil- 02.2025 calling upon the petitioner to pay the enhanced lease rent from 01.07.2024 till further orders along with GST @ 18%. The petitioner is continuing in the subject shop rooms by duly paying monthly rents without any default. Aggrieved by the notice, this writ petition is filed. 4. The learned Standing Counsel for A.M.C. represented that the representation of the petitioner is under consideration before the A.M.C. recently constituted and that the petitioner would not be evicted till decision is taken on the representation and requested to dispose of the writ petition accordingly. The learned counsel for the petitioner requested to appropriate orders. 5. pa^s WP No.17123 & 17279 of 2025 6 In the result, both the writ petitions are disposed of directing the respondent No.9 to give the petitioner opportunity of hearing and dispose of the representation of the petitioner dated 21.03.2024 as early as possible, preferably within six (6) weeks from the date of receipt of copy of this order and till a decision is taken on the representation, the petitioner shall not be evicted from the subject shop rooms. There shall be no order as to costs, sequel, miscellaneous applications pending, if any, shall 6. As a stand closed. Sd/- P. VINOD KUIViAR assistant^ REGipi'RAR OFFICER //TRUE COPY// SE To, Agriculture Department, State of Andhra 1. The Principal Secretary Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner and Director of Agriculture and Marketing, 7CRF + Chuttugunta Circle, Murikipeta, Maharshi Dayanand Nagar, CM2, Guntur, Guntur District, Andhra Pradesh-522003 Regional Joint Director of Marketing, Kadapa Region, YSR Kadapa 3. The District, Kadapa. 4. The Deputy Director of Marketing, Kadapa, YSR Kadapa District. 5. The Assistant Director of Marketing, Kurnool, Kurnool District. Engineer, Agriculture and Marketing, Kadapa, YSR 6. The Executive Kadapa District. 7. The Agriculture its Chairman. 8. The Assistant Nandyal, Nandyal District. 9. The Selection Grade Nandayal, Nandyal District One CC to Sri. V R Reddy Kovvuri Advocate [OPUC] Market Committee, Nandyal, Nandyal District, Rep. by Marketing Manager, Agriculture Marketing Committee Officer, Agriculture Marketing Committee, 10. One CC to Sri. Gangisetty Rajeswara rao, Standing Counsel For Agricultural Marketing Committees [OPUC] Two CCs to GP for Agriculture High Court of Andhra Pradesh 11. 12. [OUT] 13. Two CD Copies gsc HIGH COURT DATED:23/07/2025 I COMMON ORDER WP NOS.17123 AND 17279 OF 2025 8^ m <5.^ . Current Section ^^i£ffSPATCV<!^^ DISPOSING THE WPS WITHOUT COSTS