MD JAHEERUDDIN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These three Writ Appeals and the Writ Petition out of which the appeals arose, raise the same question of law, therefore, they are heard together and are being disposed of by a common judgment. In this judgment, the parties will be referred to as they are arrayed in the Writ Petition.

(2.) The petitioner claims to be a trader within the meaning of Clause (xvi) of Section 2 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (for short "the Act") within the notified market area of the Agricultural Market Committee, Hyderabad - respondent No. 15. He challenges the reconstitution of the Market Committee under Section 6 read with Section 5 of the said Act. He says that having fixed the total number for the Hyderabad Agricultural Market Committee as 18, in G.O.Ms.No. 465 dated 26-3-1992, the Government of Andhra Pradesh, the 1st respondent herein, reconstituted the committee in violation of the provisions of Section 5 (1) of the Act; in the category of 'growers' 10 persons were appointed as against 12; no member is appointed under Clause (ii) of sub-section (1) of Section 5; and only 3 persons are appointed in the category of 'traders' under Clause (iv) of sub- section (1) of Sections of the Act, thus the composition of the Market Committee - Respondent No. 15, is in violation of Section 5 of the Act. He, therefore, prays for a Writ of certiorari to call for records relating to G.O.Ms.No. 1295, Food and Agriculture (Marketing.I) Department, dated 3-10-1992 and to quash the same as illegal and arbitrary.

(3.) He also filed W.P.M.P.No. 20846 of 1993 praying this Court to suspend operation of the impugned G.O.Ms.No. 1295 dated 3-10-1992, pending disposal of the Writ Petition.