HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 1613 of 2006 DATED 11TH SEPTEMBER, 2014.
BETWEEN M/s. Vijaya Durga commercial Corporation,Vijayawada Rep. By its Partner Vakkalagadda Sivasankara Rao ….Petitioner and The Secretary, Agricultural Market Committee, Bhainsa, Adilabad District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 1613 OF 2006
ORDER:
Heard the learned Counsel for the petitioner and learned Standing Counsel for the respondents.
This Writ Petition was filed challenging the action of the respondents in collecting the agricultural market fee from the petitioner at the agricultural market check posts in respect of the goods transported from other States on commission basis for sale in the State of Andhra Pradesh.
It is submitted by the learned Counsel for the petitioner as well as the learned Standing Counsel for the respondents that the issue raised in the Writ Petition is squarely covered by the decision of this Court in Writ Petition Nos. 25076 of 2005 and 2306 of 2006, dated 8th September, 2006.
Following ratio decided in the aforesaid Writ Petitions, this Writ Petition is allowed declaring that the respondents are not entitled to collect market fee on the same notified agricultural produce for which the petitioner has already paid market fee and the petitioner is entitled to claim set- off/adjustment of market fee which was already paid to the agricultural market committees.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 11th September, 2014. Msnro