HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 2402 of 2007, 15642 of 2007, 12420 of 2008, 23207 of 2008, 1517 of 2009, and 9670 of 2010.
DATED 21st November, 2014.
BETWEEN M/s. Rajendar Industries, Mahaboobnagar, Rep. by Sri Gubba Vijaya Kumar and ors.
….Petitioners in WP.No.2402 of 2007 Bramaramba Parboiled Rice Mill(P) Ltd., Medak Rep. by its Director K.Chandrasekhar and ors.
….Petitioners in WP.No. 15642 of 2007.
M.Dayanand & Co, Nizamabad, Rep. by its Prop. M. Dayanand, and ors.
….Petitioners in WP.No. 12420 of 2008 M/s. Omkar Industries, Nizamabad, Rep. by Jagadish Agarwal and ors.
….Petitioners in WP.No. 23207 of 2008 Sri Vamshi Krishna Industries, Nizamabad, Rep. by Partner D.Srinivas and anr.
….Petitioners in WP.No. 1517 of 2009 M/s. Parameshwara Industries, Nizamabad Rep. by M.Ram Reddy and ors …..Petitioners in WP.No. 9670 of 2010.
And The Government of AP, rep. by its Secretary, Food & Agriculture (Marketing) Department, Secretariat, Hyderabad and ors …Respondents in all WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 2402 of 2007, 15642 of 2007, 12420 of 2008, 23207 of 2008, 1517 of 2009, and 9670 of 2010.
.….
COMMON ORDER:
These Writ Petitions can be disposed of by this common order since the issue arises for consideration therein is one and the same.
Heard learned Counsel for the petitioners and learned Government Pleader appearing for the respondents.
These Writ Petitions were 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 these Writ Petitions 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 A.P. Agricultural (Produce and Live Stock) Market Act,1966. 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 Petitions are also allowed in terms thereof.
Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 21st November, 2014. Msnrx