HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.16533 of 2010
Date: June 09, 2014
Between:
1. Swarna Bharti Fruits and Vegetables Mutually Aided Coop. Society, Tadigapada, Penamaluru Mandal, Krishna District, rep. by its President Gummadi Brahmaji & 2 others.
… Petitioners And
1. The Assistant Director of Marketing, Vijayawada, Krishna District & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.16533 of 2010
O R D E R:
This writ petition was filed by three registered societies. A Rythu Bazar was established in Patamata area, Vijayawada, in order to enable the agriculturists to sell the vegetables which are produced from their own agricultural lands and agricultural produce of others from their own land. The petitioners were allotted stalls to enable them and their members to sell vegetables like Onion, Chillies, Ginger, Garlic and Tomatoes. The allotment was renewed from time to time. While so, on 28.06.2010 the Director of Agricultural Marketing (FAC), Vijayawada, issued a circular No.A1/RBZS/Krishna Dist./2010 imposing restrictions on the petitioners’ right to sell vegetables.
2. A reading of the circular shows that the Assistant Director of Agricultural Marketing (FAC), Vijayawada, came to know that some of the farmers of the societies and Rythu Mithras are selling all types of vegetables in Rythu Bazars instead of vegetables which are grown in their own fields. The Estate Officers working in all Rythu Bazars in Krishna District were instructed to permit the farmers societies and Rythu Mithras functioning in Rythu Bazars to sell vegetables which are grown in their own fields only. Challenging the said circular, the present writ petition was filed and it was suspending by order dated 20.09.2010.
3. The learned counsel for the petitioners brought to the notice of this Court that the Government of Andhra Pradesh subsequently issued G.O.Ms.No.29, Agriculture and Cooperation (AM IV) Department dated 16.02.2012, wherein under para 3-i it was stated as follows:
“Types of vegetables/commodities to be sold:-
Estate Officer shall specify the vegetables which are not grown locally and permit the sale of only such vegetables by the groups. However, if the vegetables locally grown are not available at that point of time, the Estate Officer may allow such vegetables to be sold in the Rythu Bazar. Based on the seasonal conditions, the Estate Officer shall specify the vegetables for each group for every three months.”
The learned counsel for the petitioners states that in view the said order they would abide by the order and the respondents also shall not violate the order and impose unreasonable restrictions.
4. In view of the subsequent developments, more particularly, in view of issuance of G.O.Ms.No.29, Agriculture and Cooperation (AM IV) Department dated 16.02.2012, this writ petition is disposed of directing both the parties to scrupulously follow the said G.O. in respect of Rythu Bazars. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 09, 2014 BSB
08 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.16533 of 2010
Date: June 09, 2014
BSB