APHC010087372026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the Eleventh day of March, Two Thousand and Twenty Six The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No.4866 of 2026 Between: 1. Sri Vijaya Maruthi Chillies Traders, at D.No.23 Mahatma Gandhi Road, Vardhana Plaza, 3 District, represented by its Proprietor, Lambu Subba Rao, S/o.Venkataiah, aged 52 years. 1. The State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Marketing Department, Secretariat Buildings at Velagapudi, Guntur District. 2. The Commissioner & Director of Agricultural Marketing, Government Andhra Pradesh, at Chuttugunta, Guntur city. 3. The Regional Joint Director, Agriculture and Marketing Department, Vijayawada, Krishna District. 4. The Agricultural Market Committee, Guntur, represented by its Selection Grade Secretary, Guntur, Gun 5. The Chairman, Agricultural Market Committee, Guntur, Guntur District. 6. The Selection Grade Secretary (FAC), Agricultural Market Committee, Guntur, Guntur District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the Eleventh day of March, Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No.4866 of 2026 Sri Vijaya Maruthi Chillies Traders, at D.No.23-4-46, 47, Eluru Bazar, Mahatma Gandhi Road, Vardhana Plaza, 3rd floor, Guntur Town, Guntur District, represented by its Proprietor, Lambu Subba Rao, S/o.Venkataiah, aged 52 years. ...Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Marketing Department, Secretariat Buildings at Velagapudi, Guntur District. The Commissioner & Director of Agricultural Marketing, Government Andhra Pradesh, at Chuttugunta, Guntur city. The Regional Joint Director, Agriculture and Marketing Department, Vijayawada, Krishna District. The Agricultural Market Committee, Guntur, represented by its Selection Grade Secretary, Guntur, Guntur District. The Chairman, Agricultural Market Committee, Guntur, Guntur District. The Selection Grade Secretary (FAC), Agricultural Market Committee, Guntur, Guntur District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH [3311] Wednesday, the Eleventh day of March, Two Thousand and Twenty Six 46, 47, Eluru Bazar, floor, Guntur Town, Guntur District, represented by its Proprietor, Lambu Subba Rao, ...Petitioner The State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Marketing Department, Secretariat Buildings at The Commissioner & Director of Agricultural Marketing, Government of The Regional Joint Director, Agriculture and Marketing Department, The Agricultural Market Committee, Guntur, represented by its Selection The Chairman, Agricultural Market Committee, Guntur, Guntur District. The Selection Grade Secretary (FAC), Agricultural Market Committee, ...Respondents 2 BSB,J W.P.No.4866 of 2026 Counsel for the petitioner: 1. G.Venkata Reddy Counsel for the respondents: 1. Government Pleader for Agriculture 2. Gangisetty Rajeswara rao, Standing Counsel For Agricultural Marketing Committees 3 BSB,J W.P.No.4866 of 2026 The Court made the following Order: This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of mandamus, declaring the impugned order vide Rc.No.345/2021, dated 22.09.2021 passed by the respondent No.6 in rejecting the petitioner’s application dated 22.04.2019 for grant of commission agent licence in Agriculture Market, Guntur to operate as chillies commission agent without issuing any notice, or opportunity and conducting enquiry whatsoever as illegal, arbitrary and unconstitutional, consequently to set aside order vide Rc.No.345/2021, dated 22.09.2021 passed by the respondent No.6, with a direction to reconsider the petitioner’s application and pass such other order or orders which this Court deems fit in the interest of justice. The writ petitioner sought further direction to the respondents to consider the petitioner’s representation, dated 29.05.2025 in accordance with law, and pass such other order or orders as this Court deems fit in the interest of justice. 02. The case of the petitioner, briefly stated, is as follows:- Sri L.Subba Rao, son of Venkataiah, is the proprietor of Sri Vijaya Maruthi Chillies traders / petitioner. He made an application dated 22.04.2019 to the respondents Nos.4 and 5 to grant commission agent licence to conduct chillie commission agency in the Agricultural Market Committee, Guntur. As the application was not considered, the petitioner filed a writ petition in W.P.No.19450 of 2021 before this High Court. The writ petition was disposed of on 09.09.2021 directing the respondents Nos.4 and 5 to consider the application dated 22.04.2019 by issuing necessary form prescribed under the Act and Rules enabling him to obtain licence within a period of four weeks 4 BSB,J W.P.No.4866 of 2026 from the date of receipt of the copy of the said order. On its receipt, the authorities rejected the application vide order dated 22.09.2021 stating that there were, in total, 683 commission agents in the said market yard and out of them only 589 commission agents were allotted plots while 94 other agents were awaiting allotment of plots , by referring to the guideline No.1, conditions Nos.4(d), 4(i) and 4(j) of the G.O.Ms.No.260, Agriculture and Co-operation (AM.IV) Department, dated 28.09.2010 which give discretion to the Market Committee in relation to allotment of licence basing on the availability of the sufficient space / shops. The impugned order is silent about why the petitioner’s application does not fall under Rule 49 of the Andhra Pradesh (Agricultural Produce and Live Stock Market) Rules, 1969. The petitioner was not given any opportunity by the respondent No.6 before passing the impugned order rejecting the application of the petitioner only due to political pressure by the local politicians and rival commission agents. Further, on coming to know the fact that the respondent authorities are issuing new commission agent licences, the petitioner again submitted a representation dated 29.05.2025 requesting to grant commission agent licence to conduct chillie business in the A.M.C., Guntur. The application of the petitioner is not being considered. Hence, this writ petition was filed. 03. The learned counsel for the petitioner submitted that the earlier petition was rejected on un-just grounds and the recent application submitted is also unjustly kept pending. He further submitted that unless application in Form-5C is issued by the authorities on receipt of necessary fee, the petitioner cannot submit application in proper form as per the rules. He further submitted that the petitioner would abide by all the guidelines and does not insist allotment of any shop and that the petitioner is interested in securing licence only. Therefore, he requested to direct the respondents to consider the application of the petitioner on receipt of necessary fee and process the same within specified time as per law. 5 BSB,J W.P.No.4866 of 2026 04. The learned Standing counsel for Agriculture Market Committee submitted that the application of the petitioner dated 29.05.2025 is not in proper form. Further, he drew the attention of this Court to the order dated 13.10.2025 in W.P.No.22279 of 2025 between Sri Sai Traders Vs.The State of Andhra Pradesh and others of this Court wherein a similar issue was dealt with and the writ petition was disposed of with the following directions : “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.” 05. In reply, the learned counsel for the petitioner requested to dispose of the writ petition giving one week time to pay fee. 06. Accordingly, this writ petition is disposed of with the directions as follows: i) The petitioner shall pay necessary fee within one (01) week 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 dated 22.04.2019 shall be taken as per law. 6 BSB,J W.P.No.4866 of 2026 There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI GRL Date: 11.03.2026. Note: CC by 16.03.2026. 7 BSB,J W.P.No.4866 of 2026 118 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:4866 of 2026 Date: 11.03.2026 CC by 16.03.2026 GRL 8 BSB,J W.P.No.4866 of 2026