APHC010242012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12742/2026 Between: D. SUMANJALI, W/O. D. VENKATARATHNAM NAIDU, AGED ABOUT 59 YEARS, R/O. D.NO.1-224/1, VELURU VILLAGE AND POST, PICHATURU MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY EX-OFFICIO SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, AGRICULTURE AND MARKET SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 3. THE PRINCIPA SECRETARY, AGRICULTURE AND. MARKET SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 522237. 4. THE DIRECTOR, AGRICULTURE MARKETING DEPARTMENT, TADEPALLI, GUNTUR DISTRICT-522501. 5. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT-517501. 6. NAGALAPURARM AGRICULTURAL MARKETING COMMITTEE, REP. BY ITS ECRETARY, NAGALAPURAM, TIRUPATHI DISTRICT-517589. 7. SRI S DAMODARAN ALIAS JOHNSON, S/O. V. SAMUEL, AGED ABOUT 47 YEARS, R/O. EAST HARIJANAWADA, NAGALAPURAM, TIRUPATI DISTRICT-517589. ...RESPONDENT(S): Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V VINOD K REDDY 3. GP FOR GENERAL ADMINISTRATION 4. GP FOR AGRICULTURE 2 5. Gangisetty Rajeswara rao, Standing Counsel For Agricultural Marketing Committees The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus to declare the G.O.Rt.No.301 Agriculture and Cooperation (MKTG-II) Department dt.28-04-2026, appointing the 7th Respondent as Chairman of the Agricultural Marketing Committee, Nagalapuram, Tirupathi District, without following the Rule of Reservation Notified by Orders in AGCO5-AMC/23/2024-JMA, dt. Nil-01-2025 as illegal, arbitrary, unjust, irrational and a violation of the Provisions of The Andhra Pradesh (50 percent Reservation to BCs, SCs, STs and Minorities in all the nominated posts) Act, 2019 and Rules framed thereunder, and a violation of Article 14, 16 and 21 of the Constitution of India, and consequently set aside the G.O.Rt.No.301 Agriculture and Cooperation (MKTG-II) Department dt.28-04-2026, passed by the 1st Respondent.” 2. Heard Sri Harinath Reddy Soma, learned counsel for the Petitioner and Sri Gangisetty Rajeswara rao, learned Standing Counsel for Agricultural Marketing Committees. 3. Learned counsel for the Petitioner would submit that the Petitioner is an agriculturist owning agricultural lands and is eligible and qualified to be considered for appointment as Chairman of the Nagalapuram Agricultural Marketing Committee. Learned counsel would further submit that, under the Andhra Pradesh (50% Reservation to BCs, SCs, STs and Minorities in all the Nominated Posts) Act, 2019 and the Rules framed under G.O.Ms.No.77, dated 27.09.2019, the Rule of Reservation has been specifically notified for the post of Chairman. In terms of the proceedings issued by the competent authority, the post of Chairman of the Nagalapuram Agricultural Marketing Committee was earmarked for the OC–Women category. It is further contended that Rule 3 of the Andhra Pradesh (50% Reservation to BCs, SCs, 3 STs and Minorities in all the Nominated Posts) Rules, 2019, mandates that the State shall be the unit of reservation for the post of Chairperson. However, by Memo dated 06.12.2024, the Government treated the District as the unit of reservation, which is contrary to the statutory Rules. Subsequently, the Government vide Memo dated 10.10.2025 modified the Memo dated 06.12.2024 by considering the State as Unit for determining the reservations to the AMCs. However, without fixing the reservation roster, Respondent No.7 has been appointed as Chairman of the Nagalapuram Agricultural Marketing Committee, which is nothing but violation of the statutory provisions and the reservation roster. Hence, prayed to set aside the impugned appointment of Respondent No.7. 4. Learned Standing Counsel for AMCs would submit that, since Respondent No.7 has already been appointed as Chairman of the Nagalapuram Agricultural Marketing Committee and his removal may cause inconvenience to the said AMC, prayed to protect the interests of Respondent No.6 – AMC by continuing Respondent No.7 in the said post. 5. Considered the submissions made on either side and perused the material placed on record. 6. As seen from the material placed on record, similar writ petitions were filed by different persons seeking the similar relief, wherein, a Coordinate Bench of this Court vide Common Order dated 11.12.2025 allowed the said writ petitions setting aside the proceedings impugned therein. Against the said order, the State preferred a Writ Appeal Nos.473 of 2026 and batch, 4 wherein, the learned Advocate General submitted that State is committed of taking action in strict accordance with the provisions of Act of 2019 and specifically Section 3 thereof as well as Rule 3 of the Rules thereunder. Keeping the specific stand of the learned Advocate General in view, and since, the terms of most of the incumbents therein came to an end, the Hon’ble Division Bench of this Court vide Judgment dated 21.07.2026 disposed of the said writ appeals, observing that the State would take action in accordance with the applicable Act and Rules framed under the said Act. 7. In the present case, as is contended by the learned counsel for the Petitioner, Respondent No.7 was appointed as Chairman of the Nagalapuram Agricultural Marketing Committee without preparation of the reservation roster based on the State as the unit of reservation. Therefore, the validity of his continuance can be determined only after such roster is prepared in accordance with the statutory provisions. 8. Accordingly, the Writ Petition is disposed of directing Respondent No.1 to prepare and finalize the reservation roster for the posts of Chairman of Agricultural Market Committees strictly in accordance with the statutory provisions, by treating the State as the unit of reservation, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon such exercise, if Respondent No.7 is found to be eligible and his appointment falls within the reservation roster so prepared, he shall be permitted to continue as Chairman of the Nagalapuram Agricultural Marketing Committee for the remainder of his tenure. If, his appointment is found to be contrary to the 5 reservation roster, Respondent No.1 shall terminate his appointment and take consequential steps for filling up the post strictly in accordance with the Act and the Rules. 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:28.07.2026 Dinesh 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12742 of 2026 Dt.28.07.2026 Dinesh