HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7580 OF 2009 DATED 19th December, 2014.
BETWEEN M/s. Coromandal Roller Flour Mills Pvt.Ltd.
Visakhapatnam, rep. by its Director Sri Pavan Kumar Gupta ….Petitioner And The Agricultural Market Committee, Visakhapatnam, rep. by its Special Grade Secretary, and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7580 OF 2007 ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
This Writ Petition was filed challenging the assessment order passed by the second respondent bearing No.S/A/2003-08, dated 10.11.2008 determining the market fee payable by the petitioner as Rs.4,79,845/- for the year 2006-2007.
It is submitted by the learned Counsel on either side that the issue involved in this Writ Petition is squarely covered by the common order of this Court passed in Writ Petition Nos. 2033 and 1459 of 2009, dated 12.11.2014. In the aforesaid cases, this Court observed as follows:
“In view of the dispute involved in these three writ petitions and in view of the points raised by the petitioners, the respondents shall adjudicate the issue raised by the petitioners on the basis of evidence adduced by them. In the absence of any conclusive finding, the respondents cannot demand payment of market fee at this stage.
Accordingly the impugned notices No.12/2007 dated 15.09.2008, No.12/2008-2009 dated 19.09.2008;
Assessment Order bearing No.SA/SRI/2007-12 dated 30.10.2008 and Assessment Order bearing No.D.C.B. 5- A/06-07 dated 27.7.2008 and D.C.B. 5-A/07-08 dated 03.08.2008 for the year 2006-2007 and 2007-2008 of the respondents are set aside and the writ petitions are allowed by remanding the cases to the respondents for deciding the issue whether the sale was concluded outside the market area or not. The petitioners are at liberty to adduce necessary evidence in respect of their cases before the respondents and the respondents shall decide the same in accordance with the provisions of the Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966. The petitioners shall adduce necessary evidence and plead their cases by presenting objections within a period of three months from the date of receipt of a copy of the order and the respondents shall pass orders after giving due opportunity to the petitioners within a period of three months thereafter. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.”
In view of the same, 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 19th December, 2014. Msnrx