HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11995 of 2010 Date: April 22, 2014 Between:
M/s. Sri Kamakshi Cold Storage Pvt. Ltd., Rep. by its Director Kota Sambasiva Rao.
… Petitioner And
1. The District Collector and Magistrate, Guntur, Guntur District & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11995 of 2010 O R D E R:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.
2. This writ petition was filed challenging the proceedings dated 08.05.2010 issued by the first respondent directing the petitioner to pay the excess amount of Rs.4,00,000/- collected from farmers as storage charges.
3. An identical case was considered by this Court in Venkateswara Vegetable Fruits Chillies Growers’ Cold Storage (P) Ltd. V. District Collector and Magistrate, Guntur[1] wherein it was held that the District Collector has no power to fix storage charges and issue order directing owners/petitioners to deposit amount alleged to have been collected from farmers in excess of amount fixed by District Administration in absence of law governing relationship between petitioners and farmers.
4. In view of the same, the impugned proceedings in Rc.No.199/09/GR-II dated 08.05.2010 issued by the first respondent is set aside and this writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 22, 2014 BSB
20 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.11995 of 2010 Date: April 22, 2014 BSB
[1] 2014 (2) ALD 289