A HAMPAYYA Vs. MARKET COMMITTEE

JUDGEMENT

(1.) The petitioner, a licensed dealer in notified commodities like coriander seeds, Groundnut etc., under the A.P. Agricultural (Produce & Livestock) Markets Act, 1966 (for short, 'the Act'), challenges, in this writ petition, the levy of the market fee and the best judgment assessment proceedings dated 31 -12-1990 for the years 1981-82 to 1987-88.

(2.) The case of the petitioner, in short, is that, in fact, no market yard was established at Guntakal, inspite of Govemment issuinga G.O. under Sections 3 and 4 of the Act establishing a Market Yard, hence the petitioner was transacting the sales in his village. In the absence of Market yard it cannot be said that any services have been rendered by the Market Committee and in fact no facilities have been provided by the Market Committee to the traders. Section 12 of the Act empowers a market Committee to levy market fee only in case the Government established a Marked Yard providing adequate facilities for sales or purchases, to the traders, in a market area Hence no levy of market fee would arise and the impugned assessment is illegal.

(3.) The 1st respondent filed a counter affidavit denying the allegation that there was no Market Yard at Guntakal. It was specifically averred that in pursuance of a notification issued by the Govemment in G.O.Ms.No. 1311, dated 11-12-1973, the Market Yards have been established in Guntakal and Gooti and the notified market area was specified as extending a radius of 16 Km., around the office of Guntakal Municipality, within the notified area of Agricultural Market Yard, Guntakal. Subsequently an amendment to the notification dt.20-9-1973 has been issued prescribing the area mentioned therein as Market Area of the Guntakal Market Yard. The allegation that no facilities have been provided by the Market Committee for the traders was also denied and it was stated that the Market Committee has spent about Rs.45 lacs for providing facilities in the new Market Yards and about Rs.2,26,000/- for old Market Yard at Guntakal. Thus, the petitioner was liable to pay market fee.