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2025 DAILYLAW 24958 (AP)

M/s Bapanapalli Venkata Suryanarayana Son v. The State of Andhra Pradesh,

WP/16490/2018 · 2025-07-22

B S Bhanumathi

body2025

Judgment text

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APHC010352752018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Twenty Third Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 16490 of 2018 Between: M/s Bapanapalli Venkata Suryanarayana and sons and others ...Petitioners and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners: 1. K.Madhava Reddy Counsel for the respondents: 1. Gangisetty Rajeswara rao,Standing Counsel For Agricultural Marketing Committees 2. G.P. for Agriculture (A.P.) The Court made the following: 2 W.P.No.16490 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “…to issue an order or direction more particularly in the nature of Writ of Mandamus declaring G.O.Ms.No.57(Agriculture And Co-operation (AM-III) Department date.12-10-2015 issued by the 1st respondent and respective Notices date.20-2-2018 issued by the 4th respondent as illegal, arbitrary and unconstitutional in violation of Art.14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of A.P.(Agricultural Produce and Live Stock) Markets Act,1966 as amended by Act.14 of 2015 and Market Rules,1969, as amended by G.O.Ms.No.38, Agrl.and Co-op(Mktg.1) dated 10-5-2016 and consequently set aside the said G.O.Ms.No.57 dated.12-10-2015 and respective Notices date.20-2-2018 and direct the 4th respondent to receive licence fee with late fee and consider the application for renewal of respective licences of the petitioners U/s7(1-B) of Markets Act,1966, for the period 2018-23, from 01-4-2018 to 31-372023, bearing licence NosCI00691/2013-18, CI00681/2013- 18, CI0700/2013-18, 010944/2013-18, CI0829/2013-18, CI0929/2013- 18,CI00608/2013- 18, CI0983/2013-18,CI0982/2013-18, CI0818/2013-18, CI0849/2013-18 and CI0960/2013-18 respectively, without insisting upon the security conditions laid down in G.O.Ms.No57 dt.12-10-2015 and in terms of G.O.Ms.No.190 (Agriculture and Co-operation Mktg-II) dt.06.04.1994 and pass…” 3 W.P.No.16490 of 2018 2. The learned counsel for the petitioners as well as the learned standing counsel for A.M.C. represented that G.O. under challenge in the present writ had been modified by G.O.Ms.No.85, Agriculture and Co-operation (Mktg.II) Department dated 06.11.2020 and therefore there is no need for further order in this writ petition. It is further submitted that similar writ petition Nos.8562 of 2018 and batch were closed on 16.12.2021 giving liberty to the petitioners therein to challenge G.O.Ms.No.85 if so advised and similarly this writ petition may also be closed. The learned counsel for the petitioner further submitted that no one has challenged G.O.Ms.No.85 so far. 3. Under the above circumstances, this writ petition is closed. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 23.07.2025 RSD 4 W.P.No.16490 of 2018 240 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 16490 of 2018 Date: 23.07.2025 RSD