PATHI SREENIVASULU AND COMPANY Vs. SECRETARY AGRICULTURAL MARKET COMMITTEE GUNTAKAL ANANTAPUR DISTRICT

JUDGEMENT

(1.) One of the questions that arises for consideration in these writ petitions is whether the Market Committee can insist upon the Commission Agents of the Sellers to collect the market fee from the purchaser and remit it to the Market Committee. A Division Bench of this Court in the Agricultural Market Committee vs. D.R Mahipal Rao & Brothers (1) ILR 1975 AP 420 has considered this aspect having regard to Sec. 32 of the AP (Agricultural Produce and Livestock) Markets Act, 1966, Rule 74 (4) of the Rules made thereunder and Bye-Law 25 of that particular Market Committee and held that the Commission Agents of the Sellers "will not be liable for payment of market fee in regard to such transactions where the Market Committee finds that the purchaser is liable and where they act as Commission Agents of the Sellers."

(2.) It is submitted by Sri B. Venkateswara Rao, learned Standing Counsel for the Market Committee, that having regard to the provisions of the Act, the Rules made thereunder and in particular condition 6 of the licence granted to a Commission Agent by the Market Committee, the Commission Agent shall collect the market fee from the purchaser and remit the same to the Market Committee. It is further submitted that having regard to the later decisions of the Supreme Court in Sreenivasa General Traders vs State of AP (2) AIR. (1983) SC 1246 and City Corporation of Calicut vs. T. Sadasivan (3) AIR (1985) SC 756 the view taken by the Division Bench of this court is not correct.

(3.) Having regard to the facts and circumstances of the cases I am of the view that this matter requires to be considered by a Division Bench of this court. Post the writ petitions before a Division Bench on 31-3-1987. Mr. K. Venkataramaiah, and B. Purushothama Reddy, Advocates for the petitioners Mr. Battule Venkateswara Rao. Standing Counsel for Agricultural Market Committees on behalf of the respondents in all the writ petitions. These writ petitions coming on for hearing pursuant to the order of this High Court, dt. 18-3-87. The Court delivered the following: JUDGMENT Anjaneyulu, J.