APHC010513942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) R- MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE lO PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 26567, 26569. 26570. 26614 AND 26616 OF 2023 WRIT PETITION NO: 26567 OF 2023 Between: M/s. Vishnu Enterprises, Rep. By its Sole Proprietor, V.N.V. Ramalingeswara rao. Aged about 61 years. Shop at 19-92/310, 8th Road, MGWCC, Gollapudi, Krishna District, Andhra Pradesh. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary Agricultural and Co-operation Department Amaravathi, Guntur District. The Commissioner and Director of Agricultural Marketing, Vijayawada, Krishna District The Chairman, the Agricultural Market Committee, Vijayawada, Krishna District. The Agricultural Market Committee, Vijayawada, Rep. by its Secretary, Gollapudi, Vijayawada, Krishna District 1. Secretariat, Velagapudi, 2. 3. 4. ...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 a writ, order or direction, one more particularly in the nature a of Writ of Mandamus declaring the action of Respondents, more particularly the 4th Respondent herein in Levying Cess on Sale of Basmati Rice purchased from other States despite the same having been paid in the state of origin without Considering the Representation Dt.11.09.2023, as being illegal, arbitrary, without jurisdiction, violation of Principles of Natural Justice and in violajion of Articles 14, 19(1)(g) and 21 of the Constitution of India and Obntrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966, and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and Consequently direct the 4th Respondent herein to return/Refund the Collected cess towards the sale of Basmati Rice purchased from other states lA NO: 1 OF 2023 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 Respondents herein not to levy any cess on the sale of Basmati rice purchased from other states, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondents No.3 & 4: SRI B PRAKASAM (STANDING COUNSEL FOR AMC) Counsel for the Respondents No.1 & 2: GP FOR AGRICULTURE APHC010514172023 i ■ tv."" w WRIT PETITIONNO: 26569 OF 2023 Between: M/s. Govinda Trading Company, Rep. By its Sole Proprietor Manju Sharma, W/o Surendra Kumar Sharma, Aged about 43 years, Shop-GF56, 19-69/2, K.M Plaza, Mahender Nagar, Gollapudi, Krishna District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural and Co-operation Department, Secretariat, Velagapudi, Arnaravathi,Guntur District. 2. The Commissioner and Director of Agricultural Marketing, Rajahmundry, East Godavari District. 3. The Chairman, the Agricultural Market Committee, Rajahmundry, East Godavari District. 4. The Agricultural Market Committee, Rajahmundry, Rep. by its Secretary, Rajamahendravaram, East Godavari 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 a writ, order or direction, one more particularly in the nature of Writ of Mandamus declaring the action of Respondents, more particularly the 4th Respondent herein in Levying Cess on Sale of Basmati Rice purchased from other States despite the same having been paid in the state of origin without Considering the Representation Dt.09.09.2023, as being illegal, arbitrary, without jurisdiction, violation of Principles of Natural Justice and in violation of Articles 14, 19(1) (g) and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966, and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and Consequently direct the 4th Respondent herein to return/Refund the Collected cess towards the sale of Basmati Rice purchased from other states lA NO: 1 OF 2023 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 a direct the Respondents herein not to levy any cess on the sale of Basmati rice purchased from other states, pending disposal of the main Writ Petition Counsel for the Petitioner: SR! N ASHWANI KUMAR Counsel for the Respondents No.1 and 2: GP FOR AGRICULTURE Counsel for the Respondents No.3 & 4: SRI B PRAKASAM (Sr SC FOR A MC) APHC010514282023 WRIT PETITION NO: 26570 OF 2023 Between: M/s Lakshmi Food, Rep. By its Sole Proprietor, Katakam Veeravenkata Ganesh, S/o K. Venkateshwara Rao, Aged about 41 years, R/o 2-91B, Near Ramalayam, Rajanagaram Mandal, Nandaradha village. East Godavari, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural and Co-operation Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Agricultural Marketing, Rajahmundry, East Godavari District. 3. The Chairman, the Agricultural Market Committee, Rajahmundry, East Godavari District. 4. The Agricultural Market Committee, Rajahmundry, Rep. by its Secretary, Rajamahendravaram, East Godavari 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 a writ, order or direction, one more particularly in the nature of Writ of Mandamus declaring the action of Respondents, more particularly the 4“" Respondent herein in Levying Class on Sale of Basmati Rice purchased from other States despite the same having been paid in the state of origin without Considering the Representation Dt. 12.09.2023, as being illegal, arbitrary, without jurisdiction, violation of Principles of Natural Justice and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966, and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and Consequently direct the 4th Respondent herein to return/Refund the Collected cess towards the sale of Basmati Rice purchased from other states lA NO: 1 OF 2023 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 6th Respondent to continue the Petitioner as faculty in its college, pending the disposal of the Writ Petition Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondents No.1 and 2: GP FOR AGRICULTURE Counsel for the Respondents No.3 & 4: SRI B PRAKASAM (Sr SC FOR A MC) APHC010514062023 rj- WRIT PETITION NO: 26614 OF 2023 Between: M/s. Lakshmi Balaji Rice Company, Rep. By its Sole Proprietor, Srikanth Valiveti, S/o Prabhakara Rao, Aged about 50 years, R/o 5-90-48/1, Balaji Nilayam, 7/1, Chandramouli Nagar, Guntur, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural and Co-operation Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Commissioner and Director of Agricultural Marketing, Rajahmundry, East Godavari District. 3. The Chairman, the Agricultural Market Committee, Rajahmundry, East Godavari District. 4. The Agricultural Market Committee, Rajahmundry, Rep. by its Secretary, Rajamahendravaram, East Godavari District 2. The ...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 a writ, order or direction, one more particularly in the nature of Writ of Mandamus declaring the action of Respondents, more particularly the 4th Respondent herein in Levying Cess on Sale of Basmati Rice purchased from other States despite the same having been paid in the state of origin without Considering the Representation Dt. 12.09.2023, as being illegal, arbitrary, without jurisdiction, violation of Principles of Natural Justice and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966, and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and Consequently direct the 4th Respondent herein to return/Refund the Collected cess towards the sale of Basmati Rice purchased from other states % lA NO: 1 OF 2023 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 Respondents herein hot to levy any cess on the sale of Basmati rice purchased from other states, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondents No.land 2: GP FOR AGRICULTURE Counsel for the Respondents No.3 & 4: SRI B PRAKASAM (Sr SC FOR A MC) APHC010514262023 WRIT PETITION NO: 26616 OF 2023 Between: Sai Srinivasa Rice and Generals, Rep. By its Sole Proprietor, S.Vankata Teja Srinivas, Aged about 44 years. Shop at Door No.20A-1-10, Near Nookalamma Temple, Gun Bazar Eluru West Godavari District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural and Co-operation Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Agricultural Marketing, Rajahmundry, East Godavari District. 3. The Chairman, the Agricultural Market Committee, Rajahmundry, East Godavari District. 4. The Agricultural Market Committee, Rajahmundry, Rep. by its Secretary, Rajamahendravaram, East Godavari 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 a writ, order or direction, one more particularly in the nature of Writ of Mandamus declaring the action of Respondents, more particularly the 4th Respondent herein in Levying Cess on Sale of Basmati Rice purchased from other States despite the same having been paid in the state of origin without Considering the Representation Dt.12.09.2023, as being illegal, arbitrary, without jurisdiction, violation of Principles of Natural Justice and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966, and the Andhra Pradesh (Agricultural Produce and Live Stock) Market Rules, 1969 and Consequently direct the 4th Respondent herein to return/Refund the Collected cess towards the sale of Basmati Rice purchased from other states lA NO: 1 OF 2023 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 Respondents herein not to levy any cess on the sale of Basmati rice purchased from other states, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondents No.1 & 2: GP FOR AGRICULTURE Counselfor the RespondentsNo.3 & 4: SRI B PRAKASAM(Sr SC FOR A MC) The Court made the following Common order: % APHC010513942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] H. Monday, the Fourteenth Day of July, Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi WRIT PETITION Nos. 26567. 26569, 26570. 26567. 26569, 26570. 26614 and 26616 of 2023 W.P.No.26567 of 2023 Between: M/s. Vishnu Enterprises, Gollapudi, Krishna District, and ...Petitioner The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: I.N.Ashwani Kumar Counsel for the respondents: 1.G.N.Uma Rani, standing counsel for A.M.C. 2. Government Pleader for Panchayat Raj & Rural Development. W.P.No.26569 of 2023 Between: M/s. Govinda Trading Company, Gollapudi, Krishna District, and The State of Andhra Pradesh and others Counsel for the petitioner: I.N.Ashwani Kumar Counsel for the respondents: 1. B.Prakasam senior standing counsel for A.M.C. 2. Government Pleader for Agriculture. ...Petitioner ...Respondent 2 BSB,J W.P.Nos. 26567, 26569, 26570, 26614 and 26616 of 2023 W.P.No.26570 of 2023 Between: M/s. Lakshmi Food.Nandaradha village, East Godavari District, and The State of Andhra Pradesh and others Counsel for the petitioner: I.N.Ashwani Kumar ...Petitioner ...Respondents Counsel for the respondents: 1. B.Prakasam senior standing counsel for A.M.C. 2. Government Pleader for Agriculture. W.P.No.26614of 2023 Between: M/s. Lakshmi Balaji Rice Company, Guntur ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1 .N.Ashwani Kumar Counsel for the respondents 1. B.Prakasam senior standing counsel for A.M.C. 2. Government Pleader for Agriculture. W.P.No.26616of 2023 Between: M/s. Sai Srinivasa Rice and Generals, Eluru West Godavari District. ...Petitioner and The State of Andhra Pradesh and others ...Respondents 3 % BSB,J W.P.Nos. 26567, 26569, 26570, 26614 and 26616 of 2023 Counsel for the petitioner: I.N.Ashwani Kumar Counsel for the respondents 1. B.Prakasam senior standing counsel for A.M.C. 2. Government Pleader for Agriculture. The Court made the following common order: COMMON ORDER: These Writ Petitions under Article 226 of Constitution of India are filed to issue a writ, order or direction one more particularly in the nature of writ of mandamus declaring the action of respondents more particularly the 4th respondent herein in levying cess on sale of Basmati rice purchased from other states despite the same having been paid in the state of origin without considering the representations dated 11.09.2023, 09.09.2023, 12.09.2023, 12.09.2023 and 11.09.2023 respectively as being illegal, arbitrary, without jurisdiction, violation of principles of natural justice and in violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 and the Andhra Pradesh (Agricultural Produce and Live Stock) Market ^ Rules, 1969 and consequently direct the 4^^ respondent herein to return / ; ; refund the collected cess towards the sale of Basmati rice purchased from other states and to pass such other order or orders as the Court deems fit. 2. Sri K.Trinadh, learned counsel representing the counsel for the petitioner submitted that the relief has become infructuous in these writ petitions. Ms.G.N.Uma Rani, learned standing counsel for Agriculture & Marketing Committee appearing for Respondents No.3 and 4 submitted that in the batch of similar writ petitions No.31279 of 2023 and others dated 09.09.2024, the 3. 4 BSB,J W.P.Nos. 26567, 26569, 26570, 26614 and 26616 of 2023 writ petitions were dismissed and similar order may be passed in these petitions as well. 4. The learned counsel representing the petitioners submitted that the present petitions are different from the batch of writ petitions No.31279 of 2023 and others since in the present petitions, the inaction of not considering the representation of the petitioner was challenged, whereas in the other batch of writ petitions, the order passed on the representation was under challenge. Though the dispute may be similar with regard to the issue involved in the present petitions and the batch of writ petitions dismissed on 09.09.2024, as the relief in the present petition is different from the relief in those writ petitions, both cannot be similarly treated with regard to the end result. 5. 6. Accordingly, these writ petitions are dismissed as infructuous. There shall be no orders as to costs. As a sequel thereto miscellaneous petitions, if any, pending in these writ petitions shall stand closed. Sd/-GHELA^AIDU ASSISTANT R^STRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to SRI N ASHWANI KUMAR Advocate [OPUC] 2. One CC to SRI G.N. UMA RANI (STANDING COUNSEL FOR AMC) Advocate [OPUC] 3. One CC to SRI B PRAKASAM, Standing Counsel [OPUC] 4. Two CCS to GP FOR AGRICULTURE High Court of Andhra Pradesh [OUT] 5. Two CD Copies gsg HIGH COURT DATED: 14/07/2025 ORDER WP’S NO. 26567, 26569, 26570, 26614 AND 26616 OF 2023 g 1)2 SFP 2025 ^ Oi Current Section , ^ DISMISSING THE WP’S AS INFRUCTUOUS WITHOUT COSTS