VISAKHA RURAL DISTRICT CASUARINA PLANTATION FARMERS AND MERCHANTS DEVELOPMENT WELFARE ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed by Visakha Rural District Casuarina Plantation Farmers and Merchants Development Welfare Association. The relief sought in the writ petition reads :

(2.) THE Government of Andhra Pradesh in exercise of its power conferred by section 9 of the Andhra Pradesh General Sales Tax Act, 1957 has issued G. O. Ms. No. 742, Revenue (CT. II) Department dated October 20, 1999. The petitioner-association wishes that the benefit conferred under G. O. Ms. No. 742 dated October 20, 1999 is entitled to be extended to farmers and merchants also. The relief sought in this writ petition can never be granted in the light of the judgments of the Supreme Court in Asif Ahmeed v. State of Jammu and Kashmir AIR 1989 SC 1899, Mallikarjuna Rao v. State of A. P. (1990) 2 SCC 707, State of Andhra Pradesh v. T. Gopalakrishnan (1976) 2 SCC 883, Supreme Court Employees Welfare Association v. Union of India (1989) 4 SCC 187 and State of Jammu and Kashmir v. A. R. Zakki (1992) 2 Suppl (1) SCC 548 wherein the apex Court has repeatedly held that the court cannot require the executive Government to exercise the rule-making power in a particular way and if the court were to do so, it will be outstepping its power and would violate the doctrine of separation of powers envisaged in the Constitution.