APHC010015332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 898/2025 Between: 1. V. ANJANEYULU,, AGED ABOUT 61 YEARS SELECTION GRADE SECRETARY AGRICULTURE MARKET COMMITTEE, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY AGRICULTURE, SERICULTURE, COOPERATION AND MARKETING DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE MARKET COMMITTEE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. COMMISSIONER AND DIRECTOR, AGRICULTURE MARKET COMMITTEE CHUTTUGUNTA CIRCLE, GUNTUR, GUNTUR DISTRICT 4. SMT A CHANDRIKA, MUNICIPAL COMMISSIONER (SPECIAL GRADE) PRESENTLY WORKING AS DY. PROJECT OFFICER GVMC, VISAKHAPATNAM ...RESPONDENT(S): 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 SRS,J W.P.No.898 of 2025 pleased to issue writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 1st respondent issued Memo.No.AGC01- MKTGOAMET/75/2024, dated 4-12-2024 for the Selection Grade Secretary, Guntur Market Yard on deputation for the 4th respondent as illegal, arbitrary, unconstitutional in violation of Art. 14, 19, 21, of the constitution of India and is against to the Service Rules for Secretaries of Market Committees, 1969 and Rules 157 to 161 of the AP (AgrI. Produce and Livestock) Markets Rules, 1969. Consequently direct the 1st respondent and 3rd respondent to follow the Rule position of the Service Rules for Secretaries of Market Committees, 1969 and Rules 157 to 161 of the AP (AgrI. Produce and Livestock) Markets Rules, 1969 for the method of appointment/deputation of the selection grade secretaries, special grade secretaries and others in the market committees and pass IA 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 may be pleased to stop further proceeding based on the Memo.No.AGC01- MKTG0AMET/75/2024, dated 4-12-2024 issued by the 1strespondent against the Rules 158 and 161 of the Marker Service Rules. 1969 and pass IA 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 may be pleased to direct the 1st respondent and 3rd respondent, submit the entire record and detailed report based on the Memo.No.AGC01- MKTG0AMET/75/2024, dated 4- 12-2024 before this Hon’ble High Court and pass Counsel for the Petitioner: 1. CHEJARLA VENKATESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II SRS,J W.P.No.898 of 2025 The Court made the following: :: ORDER :: The petitioner, Selection Grade Secretary, Agriculture Market Committee, filed the above writ petition impugning Memo No.AGC01- MKTG0AMET/75/2024, dated 04.12.2024 (Ex.P1) issued by respondent No.1, calling for a detailed report along with remarks, in pursuance of the letter addressed by the Minister for Agriculture, Cooperation, Marketing, Animal Husbandry, Dairy Development & Fisheries, as illegal and arbitrary and in violation of Service Rules for Secretaries of Market Committees, 1969. 2. Heard Sri Ch. Venkateswara Rao, learned counsel for the petitioner and Sri Ramalingeswara Rao, learned Government Pleader for Services – II appeared for respondents 1 to 3. 3. By G.O.Rt.No.788 Agriculture and Cooperation (MKTG-II) Department, dated 17.12.2024, the petitioner, Selection Grade Secretary, Agriculture Market Committee, Agriculture Market Committee, Rajamahendravaram, was kept in Full Additional Charge to the post of Selection Grade Secretary, Agriculture Market Committee, Guntur. Thereafter, respondent No.1 directed the Director of Agriculture Marketing, Andhra Pradesh, to examine the proposal and furnish a detailed report along with specific remarks to the Government, in pursuance of the letter addressed by the Minister of Agriculture, Cooperation, Marketing, Animal Husbandry, Dairy Development & Fisheries vide Letter No.307/Min(Ag,Coop,Mrkt,DD,AH&F)/Dt.02.12.2024. 4. Learned counsel for the petitioner would submit that respondent No.1 intends to appoint respondent No.4 as a Selection Grade Secretary, Guntur and such a course is impermissible. The remarks were called for in that regard. Page 4 of 5 SRS,J W.P.No.898 of 2025 5. As seen from Ex.P1, respondent No.1 directed the Director of Agriculture Marketing, Andhra Pradesh, to examine the proposal and furnish a detailed report along with specific remarks to the Government, in pursuance of the letter addressed by the Minister of Agriculture, Cooperation, Marketing, Animal Husbandry, Dairy Development & Fisheries. In fact, the petitioner, who has been discharging duties as Selection Grade Secretary, Rajamahendravaram was kept in Full Additional Charge to the Agriculture Market Committee, Guntur. 6. The main grievance of the petitioner, as seen from the affidavit, is that the respondent authorities intend to appoint respondent No.4, which is contrary to the Rules. Mere calling for the report, per se, would not amount in appointing respondent No.4 as Selection Grade Secretary, Agriculture Market Committee, Guntur. With apprehension, the above writ petition has been filed. 7. Unless and until the petitioner satisfies the infringement of his right or service conditions, the writ petition, itself is not maintainable under Article 226 of the Constitution of India. In the considered opinion of this Court, no cause of action has arisen to file the present writ petition. Hence, this Court does not find any merit in the writ petition and the writ petition is liable to be dismissed. 8. Given the facts and circumstances of the case, the Writ Petition is dismissed. However, this order will not preclude the petitioner from filing another writ petition as and when the cause arises. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 24.01.2025 TVN SRS,J W.P.No.898 of 2025 72 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.898 OF 2025 Date : 24.01.2025 TVN