APHC010480552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Twenty Fourth day of September Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 25155 of 2025 Between: Universal Chillies Traders ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. Penumaka Venkata Rao Counsel for the respondents: 1. G.P. for Agriculture The Court made the following: 2 W.P.No.25155 of 2025 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 respondents No.4 and 5 in not issuing the Form-5C application and not renewing the petitioner's commission agent licence bearing licence No.CA02289 despite allowing the petitioner to continue the business as commission agent even after expiry of the licence as illegal, arbitrary, contrary to the provisions of the A. P. (Agricultural Produce & Livestock) Markets Act, 1966 as amended by Act 14/2015 and Market Rules, 1969 and violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the respondents No. 4 and 5 to issue the form-5C and consider the same and pass...” 02. The petitioner obtained commission agent license and has been operating chilly and cotton business at the respondent No.4 market committee for several years by duly paying the rents for the shop, electricity charges and all other relevant charges levied by the respondent No.4. Lastly, the license was renewed for the period from 2016 to 2020. It was expired on 31.03.2020 when Covid-19 was prevalent. Thereafter, the petitioner approached the respondents Nos.4 and 5 requested to issue application in Form-5C as prescribed in the rules for submission of application for renewal or issue of fresh commission agent license. They failed to issue the same in spite of several requests made by the petitioner. The petitioner is a partnership firm with five partners. After expiry of the license, one Challa Srilakshmi, 3 W.P.No.25155 of 2025 a partner, retired from the firm. The petitioner prepared a reconstitution partnership deed on 21.09.2020, with four partners. The respondents Nos.4 and 5 allowed the petitioner to continue the business even after the expiry of license till 15.07.2025 through e-NAM bidding. Suddenly, the respondents Nos.4 and 5 stopped the petitioner to continue the business without stating any reason. As per Rule 49(8) of the A.P. (Agricultural Produce and Live Stock) Markets Rules, 1969, every application for renewal of license shall be made within 60 days before expiry of license and the licensing authority shall either renew the license before the expiry of the license period. The commission agents are not the purchasers or the sellers of the notified agriculture produce, live stocks or products of live stocks. The commission agent will get commission of Rs.2/- for Rs.100/- as per the by-laws of the market committee. Since the respondents Nos.4 and 5 have not issued application in Form-5C, the petitioner has no other go except to file the writ petition. 03. The learned counsel for the petitioner submitted that though the license expired in the year 2020, the petitioner was allowed to continue to do business till 15.07.2025 and if the petitioner is issued the application, he would fulfil the conditions required for renewal of the license. 04. The learned Standing Counsel for A.M.C., placed on record the written instructions of the Selection Grade Secretary of the Agriculture Market Committee, Guntur, vide Rc.No.233/2025, dated 12.09.2025, and further submitted that the committee had issued a notice to the petitioner on 30.08.2025, giving time to respond, however, the petitioner failed to give explanation to the notice and filed this writ petition. 4 W.P.No.25155 of 2025 05. In response, the learned counsel for the petitioner submitted that the notice dated 30.08.2025 had been given to the petitioner after filing of the writ petition on 09.09.2025 and that the notice does not bear the date of actual service of notice. 06. The learned Standing Counsel for A.M.C., while reaffirming that the said notice was issued to the petitioner, submitted that if directed, the A.M.C. is ready to serve on the petitioner a fresh notice. He further submitted that even for the notice admittedly received, till now the petitioner had not submitted any explanation. It is also submitted that A.M.C. is ready to issue an application in Form-5C on payment of the required fee and the same would be processed as per law. 07. As per the written instructions, the respondent No.4 issued notice to the petitioner, after verification of the license, as it was noticed that the petitioner violated the condition No.4(h) in G.O.Ms.No.260, Agriculture and Cooperation (AM.IV) Department, dated 28.09.2010, and called for submission of explanation within seven days from the date of receipt of the notice, but, explanation has not been submitted by the petitioner and further that the petitioner has not submitted any documents for renewal of the license for the period from 2020-2025 and 2025-2030. 08. As per 4(h) of the above G.O., the applicant should submit the following: “The applicant should submit an affidavit that he himself or any of his family members in case sole proprietor or any partner or their family members in case of partnership firm that they are not the business partners with any other persons to whom a licenses is issued by the Market Committee either as a purchaser or a Commission Agent.” 5 W.P.No.25155 of 2025 09. Since the condition to submit the document required would arise on submission of application along with such document, it is required for the petitioner to obtain application at the first instance. The grievance of the petitioner is that he is not issued any application in Form-5C. 10. In view of the representation made during the course of arguments that the application would be issued on payment of necessary fee i.e., Rs.100/-, the writ petition is disposed of with the following directions: (i) The petitioner shall pay necessary fee within two (2) days from the date of receipt of copy of this order. (ii) On the same day of submission of receipt of payment of fee, the application shall be issued to the petitioner. (iii) The application shall be submitted with necessary documents by the petitioner within one (1) week thereafter. (iv) The decision on the application shall be taken as per law. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.09.2025 C.C. by 26.09.2025 b/o NSM 6 W.P.No.25155 of 2025 7 W.P.No.25155 of 2025 24 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 25155 of 2025 Date: 24.09.2025 C.C. by 26.09.2025 b/o NSM 8 W.P.No.25155 of 2025