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2025 DAILYLAW 24780 (AP)

ANJANEYA TRADERS v. The State of Andhra Pradesh

WP/17857/2025 · 2025-07-29

B S Bhanumathi

body2025

Judgment text

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APHC010350402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 17857 OF 2025 Between: Anjaneya Traders, Rep by its Proprietor P.Harinadh Babu D.No-5/28- 12B,Nakkalakaluva Road District-521301 New Bypass Road, Gudivada,, Krishna ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Special chief Secretary, Agriculture, Marketing and Co-operation Department, Secretariat, Velagapudi-522 238, Amaravathi, Guntur Dist, A.P. 2. Agricultural Market Committee, Jallumurru Represented by its Secretary, Saravokta Mandal, Srikakulam District 3. The District Collector, Srikakulam District, Srikakulam. 4. The Revenue Divisional officer, Tekkali, Srikakulam District, Srikakulam 5. The Tahasildar, Sarvakota Mandal, Srikakulam district. 6. Agricultural Market Committee, Gudivada, Represented by its Secretary Pamarru Road, Gudivada. 7. State Bank of India, Tekkali Branch (00966) Near RDO Office, Tekkali 8. Sri Vigneswara Dali Mill, Represented by its Proprietor Tarra Jairam, Budithi, Srimuka lingam Road Saravokta Mandal, Srikakulam 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 Mandamus declaring the action of the R-2 to 6 in not taking action on the representation dated 11-03-2023 and representation dated 12- 08-2024 submitted to 3rd respondent and representation dated 27-08-2024 submitted to 1 respondent by the petitioner regarding non payment of bills by the 8 respondent as illegal arbitrary and contrary to the principles of natural justice and established facts and consequently seeking a direction to the respondents 2 to 6 to take action on the representation dated 11-03- 2023 representation dated 12-08-2024 submitted to respondent and representation dated 27-08-2024 submitted to 1st respondent by the petitioner regarding non payment of bills by the 8th respondent. 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 direct the 2 to 5 respondent to consider representation dated 11-03-2023 submitted by the petitioner in accordance with law. Counsel for the Petitioner: SRI V RAGHU Counsel for the Respondent No. 1: GP FOR AGRICULTURE Counsel for the Respondent Nos. 3 to 5: GP FOR REVENUE Counsel for the Respondent Nos. 2 and 6: M/S G N UMA RANI SC FOR AMC The Court made the following order: APHC010350402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] UJednesday, the Thirtieth Day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No. 17857 of 2025 Between: Anjaneya Traders and ...Petitioner The State of Andhra Pradesh and others Counsel for the petitioner: I.V.Raghu Counsel for the respondents: 1. Government Pleader for Revenue 2. Government Pleader for Agriculture The Court made the following: ...Respondents ORDER This writ petition under Article 226 of Constitution of India is filed to issue an appropriate writ order or direction more particularly one in the nature of mandamus declaring the action of the respondents No.2 to 6 in not taking action on the representation dated 11.03.2023 and representation dated 12.08.2024 submitted to the respondent No.3 and representation dated 27.08.2024 submitted to the respondent No.1 by the petitioner regarding non-payment of bills by the respondent No.8 as illegal, arbitrary and contrary to the principles of natural justice and established facts and consequently seeking a,direction to the respondents No.2 to 6 to take action on the 2 W.P. No.17857 of2025 representation dated 11.03.2023, representation dated 12.08.2024 submitted to the respondent No.3 and representation dated by the petitioner 27.08.2024 submitted to the respondent No.1 regarding non-payment of bills by the respondent No.8 and pass such other order or orders which this Court deems fit in the interest of justice. The case of the petitioner is briefly as follows: The petitioner is doing business in purchase and sale of black gram and green gram. The petitioner sold 1617.40 quintals of black gram (polish) for a price of Rs.1,56,55,324.45/- to the respondent No.8. The respondent No.8 paid an amount of Rs.1,07,81,301.52/- and has not paid the balance amount of Rs.48,74,022.93/-. Hence, the petitioner approached the respondents No.2, 3 and 6 to take appropriate action as per law by conducting enquiry and submitted the representations dated 11.03.2023 and 12.08.2024 to the respondent No.3 and a representation dated 27.08.2024 to the respondent No.1. But, the representations were not considered by the official respondents. Hence, the writ petition is filed. 02. Ms.G.N.Uma Rani, learned Standing Counsel for Agricultural Market Committee placed on record the written instructions of Secretary, Agricultural Market Committee, Jalumuru, issued vide Rc.No.49/2025, dated 21.07.2025 stating that the Agricultural Market Committees are only concerned with the purchases / sales of licensed traders, their related receipts, and the collection of market fees payable to the Agricultural Market Committee. Therefore, she submitted that the Agricultural Market Committee has no connection with the sales made to the petitioner. 03. 3 BSB,J W.P. No.17857 of2025 The learned counsel for the petitioner submitted that as per Rule 32 (1) of the A.P.(Agriculture Produce and Livestock) Market Rules, 1969, a market committee may constitute all or any of the following sub-committees for assisting the market committee in the discharge of its functions: i) Executive Sub-Committee ii) Appointments Sub-Committee iii) Finance and Works Sub-Committee iv) Disputes Sub-Committee. He further submitted that as per Rule 32 (4) of the above rules, the Secretary of the Market Committee shall also function as the Secretary of all the Sub-Committees, and therefore, the present dispute shall be resolved by the Market Committee itself or by the Sub-Committee constituted by it. 04. On considering the submissions on both sides, this Court is of the view that the writ petition can be disposed of with a suitable direction to the respondents to resolve the dispute through the Market Committe or the Sub-Committee as the case may be. 05. 06. In the result, the writ petition is disposed of directing the respondent No.2 to resolve the dispute of the petitioner by itself or through the concerned Sub-Committee, if constituted, in any case, within six (06) weeks from the date of receipt of the copy of this order. There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// section OFFICER To, 1. The Special chief Secretary, Agriculture, Marketing and co-operation Department, State of Andhra Pradesh, Secretariat, Velagapudi-522 238, Amaravathi, Guntur Dist, A.P. f 2. The Secretary, Agricultural Market Committee, Jallumurru, Saravokta Mandal, Srikakulam District 3. The District Collector, Srikakulam District,Srikakulam. 4. The Revenue Divisional officer, Tekkali, Srikakulam District, Srikakulam 5. The Tahasildar, Sarvakota Mandal, Srikakulam district. 6. The Secretary, Agricultural Market Committee, Gudivada Road, Gudivada. Pamarru 7. State Bank of India, Tekkali Branch (00966) Near RDO Office, Tekkali 8. The Proprietor Tarra Jairam, Sri Vigneswara Dali Mill, Budithi, Srimuka lingam Road Saravokta Mandal, Srikakulam District. 9. OneCCto Sri. V Raghu Advocate [OPUC] One CC to M/S G N Uma Rani SC for AMC [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh 10. 11. [OUT] 12. Two CCs to GP for Agriculture High Court of Andhra Pradesh [OUT] 13. Two CD Copies GSC HIGH COURT DATED:30/07/2025 ORDER WP NO. 17857 OF 2025 5 1 9 SFP 2075 m m 9i DISPOSING THE WP WITHOUT COSTS