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High Court of Andhra Pradesh · body

2025 DAILYLAW 4590 (AP)

AGRICURAL MARKET COMMITTEE v. STATE OF AP

CRLA/203/2019 · 2025-04-02

K Sreenivasa Reddy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Appeal Nos.202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 217 and 218 of 2019 COMMON JUDGMENT: Since the parties and the issue involved in all the Criminal Appeals are same, they are being disposed of, by way of this common judgment. 2. Criminal Appeal Nos.202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 217 and 218 of 2019 have been preferred by the Agricultural Market Committee, Bhimavaram, West Godavari district, rep. by its Selection Grade Secretary, against the judgments passed by the learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram, West Godavari district in STC Nos.12, 15, 21, 11, 16, 23, 8, 10, 9, 13, 19, 20, 22 and 14 of 2011 respectively, all dated 12.11.2015, wherein and whereby the learned Magistrate, while holding that the complainant/Market Committee is not entitled for prosecuting the accused under Section 23 of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 (Act 16 of 1996) (for short ‘the Act’) and it is entitled for assessed amount under Section 12-B(5) of the Act by way of 2 revenue recovery only, found the accused Nos.1 and 2 not guilty of the offences under Sections 7(5) and 12(1) of the Act and accordingly acquitted them of the same, while granting liberty to the complainant/ Market Committee to recover arrears of principal amount under Section 12-B(5) of the Act, as land/revenue recovery. 3. Today, when the matters came up for hearing, after arguing for some time, Sri Y.V. Ravi Prasad, learned Senior Counsel, representing Sri Y.V. Anil Kumar, learned counsel for respondent Nos.2 and 3 herein/A1 and A2, submitted that respondent Nos.2 and 3 herein/A1 and A2 are ready to pay the amounts of arrears of agricultural market fee for the Assessment Years 1994-95 to 2002-2003 towards full and final settlement. On the other hand, Sri Posani Venkateswarlu, learned Senior Counsel, representing Sri N. Ravi Prasad, learned counsel for the appellants/Agricultural Market Committee, on instructions, submits that the appellants/Agricultural Market Committee agreed for the same. Both parties agreed for a sum of Rs.3,11,46,343/-, being amount due. 3 4. In view of the aforesaid facts and circumstances of the case and in view of the settlement that has been arrived at, between the parties, without going into the merits of the case, while affirming the orders of acquittal passed by the trial Court, this Court is inclined to dispose of all the Criminal Appeals with the following directions. 5. Respondents 2 and 3 herein/A1 and A2 are hereby permitted to pay a sum of Rs.3,11,46,343/- being amounts of arrears of agricultural market fee for the Assessment Years 1994-95 to 2002-2003 towards full and final settlement, to the jurisdictional market committee, within a period of ten (10) weeks from the date of receipt of a copy of this common judgment. 6. The Criminal Appeals are disposed of accordingly. As a sequel thereto, the miscellaneous petitions, if any, pending in these Criminal Appeals shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:02.04.2025 Nsr 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Appeal Nos.202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 217 and 218 of 2019 Dated:02.04.2025 Nsr