% H APHC010421132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 22565 OF 2025 Between: 1. Sri Jaya Lakshmi Trades, Shop N0.24B, Market Yard, Kurnool, License No.428/2020, Rep. by K. Bhemaiah Shetty, S/o Kartika Swamy Shetty, Aged about 47 years, Occ- Commission Agent, R/o D.No. 14-2-1-532, Balaji Nagar, Santhoshpuram, Revenue Colony, Kurnool, Kurnool District -518006. 2. Sri Dhani Commission Merchants, Shop No. H 43, Market Yard, Kurnool, Rep. by its Proprietor M. Dasthagiri, L.No. 1064/2020, Rep. by its Proprietor M. Dasthagiri, S/o Sanjeevaiah, Age 49 years, Occ- Commission Agent, R/o 5-25, L. Peta, Mungalapadu, Devamunda, Kurnool, Kurnool District - 518004. 3. Sri Lalitha Devi Traders, Shop No.21-A, Market Yard, Kurnool, Rep. by M. Ram Prasad, S/o Late Maka Pullaiah, Aged 57 years, Occ- Commission Agent, R/o 27-71, Chinna Market yard, Kurnool, Kurnool District - 518001. 4. Sri S. G. Deepa Commission Merchants, Shop N0.21-A, Market Yard, Kurnool, Rep. by S.G. Sreechar, S/o S.G. Ganganna, Aged about 57 years, Occ- Commission Agent, R/o H. No.l-I-A, Near Kurnool Road, Kadamum, Kodumur, Kurnool, Kurnool District - 518454. 5. Sri Shaik Shasha and Sons, Shop No.39, Market Yard, Kurnool, Rep. by Shasha, S/o Sri Late S Ibrahim, Aged 68 years, Occ-Commission Agent, R/o H. No.36-305, Kummari Street, I Town, Kurnool, Kurnool District-5188101. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural , and Marketing Department, Secretariat Building, Velagapudi, Amarvathi, Guntur District, Andhra Pradesh. 2. The Commissioner and Director, Agricultural of Marketing Government of Andhra Pradesh. 3. The Regional Joint Director, Agricultural of Marketing, Vijayawada, NTR District. 4. The Chairman, Agricultural of Marketing Committee, Kurnool, Kurnool District. 5. The Agricultural of Marketing Committee, Rep. by Section Grade Secretary, Kurnool, Kurnool District. • Cause Title is amended as per the Court's Order dt.03.09.2025 vide order passed in I.A.No.02 of 2025. ...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 the nature of writ of Mandamus declaring the action of the respondent Nos. 4 and 5 in issuing Proceedings in R.O.C. No.31 of 2025, dated 20.03.2025 for not renewing their licenses of the petitioners i.e. bearing license Nos. 1) L. No.478-2020, 2) L. No. 1064, 3) L. No. 1065/2020, 4) L. No. 1066/2020 and 5) L.No.1070/2020 respectively by considering their representation dt.07.08.2025 . and insisting that the conditions with respect of Security Deposit to be fulfilled as laid down in G.O.Ms.No.85, Agricultural Co-operation (AM-II) Department, dt.06.11.2020, G.O.Ms.No.21, dated 11.06.2025 by violating the rule 50(2) 1966 by violating the rule 50 (2) of Agricultural Co-operation (AM-II) Department, dt.20.11.2020 as illegal, arbitrary and unconstitutional in violation one in of articles 14 and 19 (1) (g) and 21 of the Constitution the provisions of the A.P. (Agriculture Produce 1966 forthwith and consequently direct the 4'" and 5'" respondent to issue applications and of India and contrary to and Live Stock) Market Act, receive licence fee with late fee and consider the representation of renewal, of the respective licenses of the petitioners u/s B of Market Act, 1996 for the period from 2025 71- to 2028 without insisting upon the Security conditions laid down in G.O.Ms.No.85, Agricultural Co-operation (AM-II) Department in the interest of justice. lA NO: 1 OF 207^ 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 Nos. 4 and 5 to issue applications and receive license fee with the late fee by considering the representation of the petitioners ■ dt.09.08.2025 and consider their applications for licenses of the petitioners firms baring licenses Nos. 1) L. No.478/2020, 2) L. No. 1064, 3) L. No.'1065/2020, 4) L. No. 1066/2020 renewal of the respective and 5) L. NO. 1070/2020 respectively as Commission agents in terms of G.O.Ms.No.85, Agricultural Co-operation (AM-II) Department, dt.06.11.2020 and G.O. Ms. No.21 of 2025 dated 11.06.2025 pending disposal of the writ petition and pending disposal of Writ Petition. Counsel for the Petitioners: SRI BONU RAMA SHANKAR Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following order: RAO APHC010421132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Third Day of September Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 22565 of 2025 Between: Sri Jaya Lakshmi Trades and others ...Petitioners and The State of A.P. and others ...Respondents Counsel for the petitioners: I.Bonu Rama Shankar Rao Counsel for the respondents: I.G.P. for Agriculture ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent Nos. 4 and 5 in issuing 2 W.P.No.22565 of 2025 Proceedings in R.O.C.No.31 of 2025, dated 20.03.2025 for not renewing their licenses of the petitioners i.e. bearing license Nos. 1) LNo.478-2020, 2) L.No.1064, 3) L.No. 1065/2020, 4) L.No.1066/2020 and 5) L.No. 1070/2020 respectively by considering their representation dt.07.08.2025 and insisting that the conditions with respect of security deposit to be fulfilled as laid down in G.O.Ms.No.85, Agricultural Co-operation (AM-II) Department, dt.06.11.2020, G.O.Ms.No.21, dated 11.06.2025 by violating the rule 50(2) 1966 by violating the rule 50 (2) of Agricultural Co-operation (AM-II) 8 Department, dt.20.11.2020 as illegal, arbitrary and unconstitutional in violation of articles 14 and 19 (1) (g) and 21 of the Constitution of India and contrary to the provisions of the A.P. (Agriculture Produce and Live Stock) Market Act, 1966 forthwith and consequently direct the 4*^ and 5**^ respondent to issue applications and receive licence fee with late fee and consider the representation of renewal of the respective licenses of the petitioners u/s 71-B of Market Act, 1996 for the period from 2025 to 2028 without insisting upon the Security conditions laid down in G.O.Ms. No.85, Agricultural Co-operation (AM-II) Department in the interest of justice and pass...” 2. The case of the petitioners in brief is as follows: The petitioners have valid license for commission agents in the respondent No.5’s Agricultural Marketing Committee, Kurnool vide petitioners licenses Nos. 1) L.No.478-2020, 2) L.No. 1064, 3) L.No 1065/2020, 4) L.No. 1066/2020 and 5) L.No. 1070/2020 and all the licenses of the petitioners valid up to 31.03.2025. As per rule 50 (2) the ) 3 W.P.No.22565 of 2025 petitioners have submitted their applications before the respondent No.5 for renewal of their licenses before expiry of the licenses period, but the respondents No.4 and 5 neither rejected nor renewed licenses of the petitioners in violation of rule 50 (2) of A.P. (Produce and Live Stock) Market Rules, 1969. The respondent No.5 did not receive requisite fee of renewal of licenses from the petitioners and the petitioners are ready to pay Rs.5,000/- +Rs. 250/- Rs.5,250/- for issuing Form 5 (C). The petitioners have been making hectic efforts for renewing their licenses. Without renewing the licenses of the petitioners, the respondents allowed the petitioners to do the business in the said market yard. Thereafter, the petitioners are not allowed to do the business in the market yard without renewal of the licenses. The petitioners have submitted representation dt.09.08.2025 to the respondent No.5 by explaining their pathetic condition and requested to renew their licenses with late fee. But, the respondent did not respond. The petitioners questioned the inaction of the respondents No.4 and 5 to issue ID and passwords to do business and receive the renewal fee and issue Form-8 to the petitioners. The petitioners' licenses expired by 31.03.2023 and the respondent No.5 insisted to follow the terms of G.O.Ms.No.85, Agriculture and Cooperation (Mktg-ll) Department, dt.06.11.2020. The learned counsel for the petitioners submitted that earlier this Court in a similar matter, had passed the orders in W.P.No.6338 of 2024, dt.13.03.2024 and W.P.No.3283 of 2024, dt.08.02.2024. He further requested to dispose of the writ petition directing the respondents to consider the representation dated 09.08.2025 within the time stipulated by this Court. 4. The learned Standing Counsel for A.M.C. submitted that the petitioners have to submit separate applications individually, but thpy 3. 4 W.P.No.22565 of 2025 submitted a single representation through the association and therefore the writ petition may be disposed of directing the petitioners to submit fresh separate applications within the time stipulated and upon such submission the concerned authority to pass appropriate order within the time stipulated. Accordingly, without going into the merits of the contentions of the petitioners, the writ petition is disposed of directing the petitioners to submit separate applications individually, if necessary, through the , association, within one week from the date of receipt of the copy of the order and upon such submission, within two weeks, the respondent No.5 shall pass appropriate order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. 5. SD/- G. HELA NAIDU ASSISTANT R^fSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Agricultural and Marketing Department Qf Andhra Pradesh, Secretariat Building, Velagapudi, Amarvathi. > District, Andhra Pradesh, -i ■ 2. The Commissioner §nd Director, Agricultural of Andhra Pradesh. 3. The Regional Joint Director, Agricultural of Marketing, Vijayawada, NTR District. 4. The Chairman, Agricultural of Marketing Committee, District. 5. The Section Grade Secretary, Agricultural Kurnool, Kurnool District. 6. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUCJ 7. Two CCs to GP for Agriculture, High Court of Andhra 8. Two CD Copies State Guntur of Marketing Government Kurnool, Kurnool of Marketing Committee, Pradesh [OUT] RAM V r 4 HIGH COURT I t DATED:03/09/2025 I ORDER WP.NO. 22565 OF 2025 ( DISPOSING OF THE WP WITHOUT COSTS I