HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 12487 of 2007 DATED 6th November, 2014.
BETWEEN Annapurna Industries, rep. by its Managing Partner Dinddigal Mallaiah and ors ….Petitioners And The Government of AP, rep. by its Secretary, Food and Agriculture (Marketing) Department Secretariat, Hyderabad and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 12487 of 2007
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader appearing for the respondents.
This Writ Petition was filed challenging Para 4(ii) of G.O.Ms.No.451, dated 19.11.2005.
It is submitted by learned Counsel for the petitioners as well as learned Government Pleader for the respondents that the issue raised in this Writ Petition is squarely covered by the decision of this Court in Writ Petition No.23752 of 2006 and Batch, dated 21.10.2014 wherein it was held that impugned paragraph 4(ii) of G.O.Ms.No.451, Agriculture & Cooperation (MKTG.II) Department, dated 19.11.2005 is contrary to Section 12(2) of the Act. It was further held that it will not preclude the market committee from taking action in pursuance of the proviso to Section 12(2) of the Act wherever the situation demands.
In view thereof, the present Writ Petition is also allowed in terms thereof.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 6th November, 2014. Msnrx