CHODAVARAM CO OPERATIVE SUGARS LIMITED Vs. STATE OF ANDHRA PRADESH AGRICULTURE AND COOPERATION DEPARTMENT

JUDGEMENT

(1.) In these writ petitions G.O.Ms.No.286 Agriculture and Cooperation (Mktg.I) Department, dated July 5, 1994, notification issued under Section 4(4) of the Andhra Pradesh Agricultural (Produce and Livestock) Markets Act, 1966 (for short the "Act"), hereinafter referred to as 'the impugned notification', directions issued by the respondents in regard to the requirement to obtain licences under Section 7 of the Act and to pay the market fee under Section 12 of the Act and the show cause notice issued calling for explanation for violation of Section 7(3) of the Act, are questioned.

(2.) The petitioners in Writ Petition Nos.22803/94, 22295/94, 29039/95, 29021/95, 29022/95, 29023/95, 29024/95, 27322/95, 28892/95, 21275/95, 1076/95, 979/95, 1323/95, 9531/95, 8873/96, 9019/96, 2325/96, 4253/96, 4378/96, 12132/96, 560/96, 28402/95, 26401/95, 28641/95, 26255/95, 24750/95, 24521/95, 21005/95, 4137/95, 2633/96, 3274/96, 22275/96, 21229/96 and 11634/96 (hereinafter referred to as the 'first batch of writ petitions') are dealers in various articles copra, coconut, jaggery and onions etc.; the petitioners in Writ Petition Nos. 17444/94, 19838/94, 22062/94, 21417/94, 3299/95, 11591/95, 5777/95, 5778/95, 8659/96 and 5166/96 (hereinafter referred to as the 'second batch of writ petitions') are the Co-operative Sugar factories.

(3.) The petitioners in the first batch of writ petitions are doing business in various articles like copra, coconut, jaggery, garlics, ginger, onions etc. Outside the market yard they purchase the same and export them to neighbouring places. After the enactment of the Act the market committees were established in the State under Sections 3 and 4 of the Act. The committees framed their own bye-laws under Section 33 of the Act. Section 7 of the Act enjoins that no person shall carry on trade in the notified market area in the notified agricultural produce, livestock, product of livestock except in accordance with the conditions of licence granted by the concerned market committee. Section 12 of the Act empowers each market committee to levy fees on the aggregate amount for which the notified agricultural produce, livestock or product of livestock is purchased or sold in the notified market area. The Government of Andhra Pradesh issued notifications from time to time specifying agricultural produce, livestock or product of livestock, with reference to each market committee under Section 3 read with Section 4(4) of the Act for the purpose of regulating their sale or purchase. In supercession of all the earlier notifications, the Government issued the impugned notification, G.O.Ms.No.286, Agriculture and Co-operation (Mktg.I) Department, dated 5-7-1994, enumerating notified agricultural produce, livestock or product of livestock for regulation of trade in them by all the market committees in the State. As all the agricultural market committees in the State became entitled to regulate the trade and other activities in respect of the said notified agricultural produce, livestock or product of livestock, the respondent-market committees called upon the petitioners to obtain licences under Section 7 of the Act and to pay market fee under Section 12 of the Act; they also issued notices calling upon the petitioners to explain, within a week from the date of receipt of the said notices, as to why they were doing business without obtaining licence. It is on these facts, the petitioners in the first batch have filed the writ petitions claiming the reliefs indicated above.