HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15934 OF 2008 DATED 19th December, 2014.
BETWEEN M/s. Sri Srinivasa Rice and General Merchants, Machilipatnam, rep. by its Managing Partner V.Prasad Rao ….Petitioner And The Govt. of AP, rep. by its Secretarym Food and Agricultural (Marketing )Department, Secretariat, Hyderabad and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15934 OF 2008 ORDER:
Heard learned Counsel for the petitioner, learned Government Pleader for the first respondent and learned Standing Counsel for Respondents 2 and 3.
The petitioner engaged in the business of trade in paddy and rice. While so, the Government issued G.O.Ms.No.451 dated 19.11.2005 exempting the rice meant for sale outside the State and from the payment of market fee. However, in the said GO, it was stated that the rice millers have to pay market fee at the rate of 1% on the rice sold within the State. The said G.O. was challenged by the petitioner along with others in Writ Petition No.9368 of 2009 and the said Writ Petition was allowed by this Court by order dated 03.12.2014. During the pendency of the said Writ Petition, the petitioner paid 50% of the market fee and applied for renewal of licence for the period 2008-13 and the same was rejected by proceedings dated 23.06.2008. Challenging the same, the present Writ Petition was filed.
Now, as Writ Petition No. 9368 of 2009 was allowed, the petitioner is entitled for renewal of its licence. In this view of the matter, the Writ Petition is disposed of giving liberty to the petitioner to apply for renewal of licence afresh and the same shall be considered by the respondents in accordance with law within a period of three months from the date of receipt of a copy of this order.
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