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2025 DAILYLAW 58682 (AP)

The Secretary of the Penamaluru & Kankipadu v. The State of Andhra Pradesh represented by its:

WP/1631/2015 · 2025-11-19

K Sreenivasa Reddy

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Judgment text

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APHC010629872015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 1631 OF 2015 Between: 1. The Secretary of the Penamaluru & Kankipadu, Vegetables Growers Mutually aided Co-operative Society Ltd., Vanakuru (V) Penamaluru (M) Krishna District With regd. Society No.AMC.KNA/D.Co/2004/03/ Dt.30-1-2014, Kanthamaneni Venu S/o.Narayana, aged 45 years, Hindu, Vanakuru (V) Penamaluru (M) Krishna District. 2. The Penamaluru & Kankipadu Vegetables, Growers Mutually aided Co-operative Society Ltd., Vanakuru (V) Penamaluru (M) Krishna District With regd. Society No.AMC.KNA/D.Co/2004/03/ Dt.30-1-2014, Shop No.33 of Patamata Rythu bazaar, Vijayawada Krishna District. Kanthamaneni Venu S/o.Narayana, aged 45 years, Hindu, Vanakuru (V) Penamaluru (M) Krishna District. 3. Narmada Fruits, Vegetables, and production,, Of Mutually Aided Co-operative Society limited Undavalli, Tadepalli (M), Guntur (Dist), Registered No. AMC/GNT/DCO/2004/590. Dt. 12- 5-04, shop No.72 in Patamata Rythubazar, Vijayawada (PO) Krishna District. Rep. by Yandrapalli Anjeneyalu S/o.Nageswara Rao, Undavalli Village, Tadepalli (M) Krishna District as its President. 4. Balla Venkateswara Rao S/o. Koteswara Rao,, Aged 47 years, Hindu, Co-convener ofNetaji Rythu Mitra Sangham at Gosala village, Shop No.7 of Patamata Rythubazar, Vijayawada (PO) Krishna District (WP.No.28967/2014) 5. Danda Srinivasa Rao S/o.Basaveswara Rao,, aged 36 years, Hindu, Rio. D.No.67-9-27, Darsipeta, Patamata Vijayawada Krishna District. SRK, J W.P.No.1631 of 2015 2 6. Kondabathina Karuna Kumar W/o. Rama Rao,, Aged 37 years, Hindu, Rio. Yenamalakuduru(V) Penamaluru (M) Krishna District WP No.29238/14) 7. M. Sri Ramachandra Rao S/o. Venkata Ratnam,, Aged 4 years, Hindu, shop No 71 of Patamata Rythutwar, Vijayawada (PO) Krishna District 8. Smt. A.LakshmiW/o. Satish, D No 59/A/8/7/12, Maruthi Co- operative colony, Polytechnic college Area, Vijayawada (PO) Krishna District (WP No. 16226/2011) ...Petitioners AND 1. The State of Andhra Pradesh represented by its, The Principal Secretary to Department of Agricultural And co-operative (Marketing II) Department Secretariat Buildings, Saifabad, Hyderabad. 2. The Asst Director Agricultural marketing, Vijayawada (PO) Krishna District. Commissioner and Director of Agriculture Hyderabad. 3. The Joint Collector Krishna Dist, at Machilipatnam (Po) Krishna (dist). 4. The Estate Officer Rythu Bazaar Patamata, Vijayawada (PO) Krishna 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 an appropriate order, Writ, Direction more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India,(a) by declaring that the orders issued in GOMS No.22 dt 21- 1-2004 and GOMS No.29 dt 16-2-2012 issued by the Agriculture and Cooperation (MKTG II) Department, Government of A.P wherein, the directions contained at para 2,and clauses 2 (c ), 2 (e), 2 (e ) sub clause (ix), 2 (g), 2 (v) of para III of Annexure-I of the GOMS NO. 29 and point 5, point 10, point 22 of GOMS No.22 18 dt 21-01-2004, are without reasonable or probable cause and it is a deliberate act in SRK, J W.P.No.1631 of 2015 3 disregard to the lawful and rightful interests of the farmer groups and only to reintroduce the middle-men/intermediaries in the form of DWCRA women into rythu bazaars, the instrumentalities of the Government cannot utilize the rythu bazaars as a source of accommodating the women self-help groups for political mileage and denying the rights of consumers of their right to buy fresh vegetables of their choice at fixed and reasonable rates, the eviction of the stalls from the petitioners is motivated with an indirect object as such act is exercised for the purpose of foreign to those for which it is intended into concept of rythubazaars, by deliberately ignoring the facts that the rythubazaars is for farmers and customers on equal footing to protect their respective interests, and as such, the said provisions of the above two G.O's are illegal, unconscionable, violative of provisions of Article 19 and 21 of Constitution of India, and hence, the same to be struck down in the interest of justice ; b) This Hon'ble court may be pleased to direct the respondents to revise the policy guidelines of Rythu bazaar management in the state of A.P afresh so as to protect the interest of farmers and consumers on one hand, and fair opportunities to other enthusiastical groups to secure avocation on the other hand, under the present contesting situation in the interest of justice and to grant any other or further reliefs as deemed fit and proper under the circumstances of the case. Counsel for the Petitioners: P NARASIMHA RAO Counsel for the Respondents: GP FOR AGRICULTURE (AP) SRK, J W.P.No.1631 of 2015 4 The Court made the following ORDER: The present Writ Petition has been filed questioning the orders issued in GO Ms.No.22, dated 21.01.2004, and GO Ms.No.29, dated 16.02.2012, by the Agriculture and Cooperation (MKTG-II) Department, proposing to introduce DWCRA/DWCUA/CMEY groups into rythu bazaars by evicting the existing groups of farmers and individuals and issued notice of cancellation and eviction to the Writ Petitioners. 2. Today, when the matter came up for hearing, Ms. Vimala Desai, learned counsel, representing Sri Peddada Narasimha Rao, learned counsel for the petitioners, submits that cause in the Writ Petition does not survive for adjudication and the matter has become infructuous. 3. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:20.11.2025 Nsr SRK, J W.P.No.1631 of 2015 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.1631 of 2015 Date:20.11.2025 Nsr