V APHC010439012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 22279 OF 2025 Between: Sri Sai Traders, Rep. by its Partner Kutala Srikanth age 35 years, Occ Business, R/o D.No5-3-459, Flat No. Residency, Gujjanagundia, Guntur-522006. S/o Venkateswara Rao, GF-5, GSR ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural and Marketing Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522503. 2. The Commissioner and Director of Agricultural and Marketing, Government of Andhra Pradesh, Chuttugunta, Guntur City. 3. The Regional Joint Director, Agriculture and Marketing Department, Vijayawada, Krishna District. 4. The Agricultural Market Committee, Guntur, Rep.by its Selection Grade Secretary, Guntur, Guntur District. 5. The Chairman, Agricultural Market Committee, Guntur, Guntur District. 6. The District Collector, Guntur, Guntur District. 7. The Joint Collector, Guntur, Guntur 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, Direction more particularly one in the nature of / Wrjt of Mandamus declaring the action of the respondent inspite of renewal of ^ the license of the petitioner Firm and also taking into consideration and " disposes of the representation of the petitioner made on 14.03.2023 and also 28^.06.2025 and the respondents tried to dispossess the petitioner from plot NO.A2/28 situated at Market yard, Guntur without issuing any notices is illegal, arbitrary and unconstitutional and violation of Article 14, 19(1 )(g) and 21 of the Constitution of India and contrary to the provisions of AP (Agriculture Produce AND Livestock) Markets Act, 1966 and its Rule and besides violation of principles of natural justice and consequently direct the respondent to renewal the license vide No.CI2157/2018-23 further for 5 years from 01.04.2023 to 31.03.2028. lA 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 to pass an interim order that to direct the respondents not to interfere with the business activities carried by the petitioner Firm including not to dispossess the petitioner from the plot No.A2/28 at market yard, Guntur. Counsel for the Petitioner: M/s. HIMA BINDU DRAKSHARAM Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR AGRICULTURE Counsel for the Respondents: SRI GANGISETTY RAJESWARA RAO STANDING COUNSEL FOR AGRICULTURAL MARKETING COMMITTEES / The Court made the following order: \ APHCai0439&12025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] 0^:5 Monday, the Thirteenth Day of October Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 22279 of 2025 Between: I.Sri Sai Traders, rep. by its partner Kutala Srikanth, S/o. Venkateswara Rao, Age 35 years, Occ. Business, R/o. D.No.5-3-459, Flat No. Gf-5, GSR Residency, Gujjanagundia, Guntur - 522006. ...PETITIONER AND I.The State of Andhra Pradesh, rep. by its Principal Secretary, Agricultural and Marketing Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522503. 2. The Commissioner and Director of Agricultural and Marketing, Government of Andhra Pradesh, Chuttugunta, Guntur City. 3. The Regional Joint Director, Agriculture and Marketing Department, Vijayawada, Krishna District. 4. The Agricultural Market Committee, Guntur, rep. by its Selection Grade Secretary, Guntur, Guntur District. 5. The Chairman, Agricultural Market Committee, Guntur, Guntur District. 6. The District Collector, Guntur, Guntur District. 7. The Joint Collector, Guntur, Guntur District. ...RESPONDENT{S): 2 BSBJ W.P.No.22279 of 2025 Counsel for the petitioner: I.Hima Bindu Draksharam Counsel for the respondents: 1.G.P. for Revenue 2.G.P. for Agriculture S.Gangisetty Rajeswara Rao, Standing Counsel for Agricultural Marketing Committees The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking for the following relief: “to issue a Writ, Order, Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents inspite of renewal of the licence of the petitioner firm and also taking into consideration and disposes of the representation of the petitioner made on 14.03.2023 and also 28.06.2025 and the respondents tried to dispossess the petitioner from plot No.A2/28 situated at Market yard, Guntur without issuing any notices is illegal, arbitrary and unconstitutional and violation of Article 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of A.P. (Agricultural Produce and Livestock) Markets Act, 1966 and its Rule and besides violation of principles of natural justice and consequently direct the respondents to renewal the licence vide No.CI2157/2018- 23 further for 5 years from 01.04.2023 to 31.03.2028 and to pass...” 2. The case of the petitioner is briefly as follows: In the year 1968, the Chairman of the Agricultural Marketing Committee (herein after referred as ‘A.M.C.’), Guntur issued a licence to the petitioner’s firm to carry on business as a commission agent in the sale of chillies and to r 3 BSBJ W.P.No.22279of 2025 set up/establish or use the notified agricultural produce/the products of live stock/purchase/sale of livestock in the premises described in the licence situated in the plot No.A2/28 at the Market Yard, Guntur District. On 06.08.2013, the Chairman, A.M.C., Guntur District issued Form-8 under Rule 50 for renewal of licence for a period of 01.04.2013 to 31.03.2018. Thereafter, the licence renewed is valid till 31.03.2023. Before the licence expired, the petitioner submitted an application to the Chairman, A.M.C., and the Secretary, A.M.C., for renewal of the licence. But, they have failed to do so. Thereafter, the petitioner submitted a representation on 28.06.2025. Yet, there is no response. The firm of the petitioner was incorporated very long back. On 04.05.2015, two other partners joined the firm and executed a reconstitution deed of partnership. Again, on 28.05.2015, the promoters of the firm retired from the firm by executing a retirement deed. On 03.02.2022, the firm was reconstituted by appointing the petitioner (Sri Kutala Srikanth) and Telaganedi Nageswara Rao and the existing partner, Sri Kandhagatia Kumar as new partners. Thus, the partnership continued with Sri Kutala Srikanth, Telaganedi Nageswara Rao and Kutala Krishna. On 14.03.2022, the firm was reconstituted on the retirement of Sri Kutala Krishna from the firm. Thus, Sri Kutala Srikanth and Telaganedi Nageswara Rao continued to be the partners. In view of the changes in the constitution of the firm, the relevant documents were submitted to the Chairman of the A.M.C., Guntur and the Joint Collector, Guntur with a request to notify the names of these partners and to allow the partners to carry on the business in the name of the petitioner. Till now, there is no response. The petitioner (Sri Kutala Srikanth) used to pay the electrical charges upto June, 2025 as claimed by the A.M.C., Guntur. The Secretary, A.M.C., issued receipts. The Assistant Controller Legal Metrology, Guntur has periodically checked the weighing machine and collected the amount for that purpose. The petitioner’s firm has been continuing its business all these years without any objections from the respondents. Pending disposal of the representation of the petitioner, the Secretary of the A.M.C., has been 4 BSB, J W.P.No.22279of 2025 pressurizing the petitioner to vacate the plot without issuing any notice. As the respondent authorities have not passed any order on the representation made by the petitioner on 28.06.2025, this Writ Petition is filed. The learned Standing Counsel for the A.M.C., represented that the petitioner had not submitted an application in proper form and moreover necessary documents have not been submitted. He further submitted that fee shall also be paid for renewal. 3. In reply, the learned counsel for the petitioner submitted that the petitioner is ready to comply all the necessary requirements. He further relied on the order, dated 24.09.2025 of this Court in W.P.No.25155 of 2025, wherein the petitioner was permitted to submit an application in Form 5-C within a stipulated time and directions were also issued to the authorities to deal with the application. 4. At this juncture, the learned. Standing Counsel for the A.M.C., represented that the Rule 49 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969, specifies that an application for renewal shall be disposed of within 45 days and therefore, an application is duly submitted by the petitioner, the same would be expeditiously followed up. 5. On consideration of the submissions of both the parties and the facts stated by the petitioner, the Writ Petition is disposed of with the following directions: 6. i. The petitioner shall pay necessary fee within two (02) 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 (01) week thereafter, iv. The decision on the application shall be taken as per law. v \ 5 BSB, J W.P.No.22279of 2025 There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To. 1. The Principal Secretary, Agricultural and Marketing Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522503. 2. The Commissioner and Director of Agricultural and Marketing, Government of Andhra Pradesh, Chuttugunta, Guntur City. 3. The Regional Joint Director, Agriculture and Marketing Department, Vijayawada, Krishna District. 4. The Selection Grade Secretary, Agricultural Market Committee, Guntur, Guntur, Guntur District. 5. The Chairman, Agricultural Market Committee, Guntur, Guntur District. 6. The District Collector, Guntur, Guntur District. 7. The Joint Collector, Guntur, Guntur District 8. One CC to M/s. Hima Bindu Draksharamm Advocate [OPUC] 9. TwoCCsto GP for Revenue High Court ofAndhra Pradesh [OUT] Two CCs to GP for Agriculture, High Court of Andhra Pradesh 10. [OUT] 11. One CC to Sri Gangisetty Rajeswara Rao, Standing Counsel for Agricultural Marketing Committees [OPUC] Two CD Copies 12. RAM 1 HIGH COURT DATED:13/10/2025 ORDER WP.NO. 22279 OF 2025 ^0 5 NOV 2025 rr«ntSectionx^>^ cy DISPOSING OF THE WP WITHOUT COSTS