RAMA TRADERS Vs. AGRICULTURAL MARKET COMMITTEE

JUDGEMENT

(1.) Sree Rama Traders, Chittoorivari Street, Kakinada seeks a declaration that the petitioner being the second purchaser is not liable to pay market fee on the agricultural produce (Forest produce) purchased from the Girijan Co-operative Corporation in view of the said Corporation which is primarily liable being exempted from levy in view of the orders of the Government in G.O.Ms. No.94, dated 15-2-1989.

(2.) The petitioner is a licensee under the A.P. Agricultural (Produce and Livestock) Markets Act, 1966 (hereinafter referred to as 'the Act') inter alia doing business in certain commodities notified as agricultural produce. The petitioner during the course of business purchased items such as Tamarind from the Girijan Co-operative Corporation. The 1st respondent - Agricultural Market Committee by its letter dated 13-7-1998 issued the petitioner a show-cause notice calling upon the petitioner to obtain licence under Sec.7(l) of the Act and Rule 48 of the A.P. (Agricultural Produce and Livestock) Markets Rules, 1969 (hereinafter referred to as 'the Rules') for the years 1997-98 for doing business in the notified produce namely, tamarind. As the petitioner has violated the said requirement under the provisions of Sec.7(1) of the Act, he was called upon by the said letter dated 13-7-1998 to show-cause why prosecution should not be launched against him under Sec.23 of the Act. The letter further states that if no written explanation is received from him within the time stimulated, he will be liable for punishment by the Court in a fine upto Rs.5,000/- together with imprisonment for 6 to 12 months. By proceedings dated 19-5-1998 the 1st respondent called upon the petitioner to pay market fee in the amount of Rs.19,471/- for the years 1994-95 and 1995-96. The petitioner having not paid, show-cause notice dated 13-7-1998 was issued calling upon the petitioner to pay the amounts and on failure to do so, the petitioner would be deemed to have violated the provisions of Sec.12(1) of the Act and be liable for prosecution under Sec.23(l) of the Act.

(3.) To the above notices, the petitioner submitted his objections under his representation dated 23-7-1998.