APHC010237962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12333/2026 Between: 1. SHAIK IRFAN AHAMED, S/O. SHAIK INTIYAZ AHAMED, AGED 31 YEARS, OCC BUSINESS, D.NO 23/1/1334, R.T.C BACK SIDE, ARAVINDA NAGAR, DARGAMITTA POST, NELLORE, NELLORE DISTRICT, ANDHRA PRADESH - 524003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURAL AND CO-OPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, GUNTUR DISTRICT, A.P - 522 238. 2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURAL MARKETING, GOVERNMENT OF ANDHRA PRADESH, CHUTTUGUNTA, GUNTUR, GUNTUR DISTRICT, A.P- 522003. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, SRI POTTI SRIRAMULU NELLORE DISTRICT, NELLORE, NELLORE DIST., ANDHRA PRADESH- 524001. 4. THE REGIONAL JOINT DIRECTOR OF MARKETING RJDM VIJAYAWADA, AGRICULTURAL MARKETING DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT, A.P - 521225 5. THE DISTRICT AGRI TRADE MARKETING OFFICER DATMO, NELLORE, AGRICULTURAL MARKETING DEPT., NELLORE, NELLORE DISTRICT, ANDHRA PRADESH, 524 003. 2 6. THE CHAIRMAN, AGRICULTURAL MARKET COMMITTEE-NELLORE, NEAR MADRAS BUS-STAND, ACSR VEGETABLE MARKET, NELLORE, NELLORE DISTRICT, ANDHRA PRADESH - 524 003 7. THE SELECTION GRADE SECRETARY, AGRICULTURAL MARKET COMMITTEE-NELLORE, NEAR MADRAS BUSTAND, ACSR VEGETABLE MARKET, NELLORE, NELLORE DISTRICT, A.P - 524003 ...RESPONDENT(S): 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 more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents, particularly the 7TH respondent in allotting a shop room to the petitioner out of 14 shop rooms in C Block at New Koneru Market Yard of Agricultural Market Committee, Nellore since 14.10.2019, despite the petitioner got registered as a buyer to participate in voluntary trade for Fruits and Vegetable, after making payment of the security deposit/ bank guarantee for Rs.50.000/- and Rs.5000/- for registration fee, as well as Rs.lOO/- for application fee to the 7TH respondent as per the terms and conditions contemplated under the Go.Ms.No.58, AgrI. Cooperation (Mktg-ll) Dept., dated02.07.2019 and also in issuing application to the petitioner for renewal of buyer license, since 13.10.2024, only with a malafide intention to allot the said shops on nomination basis to their favor candidates on 30.04.2026, at their whims and fancies, without conducting/calling any tenders/e-auction/public auction, as well as in considering the representation of the petitioner, dated 17.03.2025, acknowledged on 24.03.2025 is illegal, arbitrary, un-constitutional and contrary to the true spirit of the said GO., and consequently direct the respondents herein to follow the guidelines as envisaged in Go.Ms.No.58, AgrI. Cooperation (Mktg-ll) Dept., dated02.07.2019 through allotting the shops, only by way of calling tenders/public auction/e-auction, known to the true democratic spirit, till such time not to allot the shops on nomination basis to any other third parties or ineligible candidates or voluntary traders/buyers, by causing the loss to the public exchequer and also direct the respondents as to renew the buyer license of the petitioner as per the terms and conditions of the said GO., by considering the representation of the petitioner dated 17.03.2025, having acknowledged on 24.03.2025, forthwith, and to pass Counsel for the Petitioner: 3 1. BURUGU SRILATHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR AGRICULTURE 3. Gangisetty Rajeswara rao,Standing Counsel For Agricultural Marketing Committees 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12333 of 2026 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “....to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents, particularly the 7th respondent in allotting a shop room to the petitioner out of 14 shop rooms in C-Block at New Koneru Market Yard of Agricultural Market Committee, Nellore since 14.10.2019, despite the petitioner got registered as a buyer to participate in voluntary trade for Fruits and Vegetable, after making payment of the security deposit/ bank guarantee for Rs.50.000/- and Rs.5000/- for registration fee, as well as Rs.100/- for application fee to the 7th respondent as per the terms and conditions contemplated under the Go.Ms.No.58, AgrI. Cooperation (Mktg-ll) Dept., dated02.07.2019 and also in issuing application to the petitioner for renewal of buyer license, since 13.10.2024, only with a malafide intention to allot the said shops on nomination basis to their favor candidates on 30.04.2026, at their whims and fancies, without conducting/calling any tenders/e-auction/public auction, as well as in considering the representation of the petitioner, dated 17.03.2025, acknowledged on 24.03.2025 is illegal, arbitrary, un-constitutional and contrary to the true spirit of the said GO., and consequently direct the respondents herein to follow the guidelines as envisaged in Go.Ms.No.58, AgrI. Cooperation (Mktg-ll) Dept., dated02.07.2019 through allotting the shops, only by way of calling tenders/public auction/e-auction, known to the true democratic spirit, till such time not to allot the shops on nomination basis to any other third parties or ineligible candidates or voluntary traders/buyers, by causing the loss to the public exchequer and also direct the respondents as to renew the buyer license of the petitioner as per the terms and conditions of the said GO., by considering the representation of the petitioner dated 17.03.2025, having acknowledged on 24.03.2025, forthwith…” 2. Heard Ms. Burugu Srilatha, learned counsel for the petitioner, Sri G.Rajewara Rao, learned Standing Counsel for the Agricultural Marketing Committees and Ms.M.Sandhya Deepthi, learned Assistant Government Pleader for Agriculture for the respondents. 5 3. Learned Standing Counsel for the Agricultural Marketing Committees would submit that, as directed by this Court vide order dated 30.04.2026, the representation of the petitioner has been considered with regard to renewal of the license. It is further submitted that the allotment of shops is made only by way of public auction, since sufficient accommodation is not available to allot shops to all applicants. Therefore, the writ petition may be disposed of, granting liberty to the petitioner to participate in the public auction as and when notification is issued. Learned Standing Counsel would further submit that earlier, in the year 2025, a notification was issued for allotment of shops, but the petitioner did not choose to participate in the said public auction. 4. Learned counsel for the petitioner, in reply, would submit that the petitioner could not participate in the said public auction only due to non- renewal of his license. Learned counsel for the petitioner would further submit that, in C-Block, the Marketing Committee is allotting shops by way of nomination by the Secretary. 5. Learned Standing Counsel would vehemently oppose the said contention and submit that, as directed by this Court in earlier writ petitions in W.P. Nos.17173 of 2019, 699 of 2024 and 12875 of 2024, the respondent authorities are conducting the allotment process only through public auction, in order to ensure transparency in the system. 6. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6 7. Considering the submissions made, the Writ Petition is disposed of. However, the petitioner is at liberty to participate in the public auction as and when notification is issued for allotment of shops. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.06.2026. UPS 7 20 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12333 of 2026 Dt.22.06.2026 UPS