Andhra Pradesh High Court - Amravati
M/S Oil Palm Developers And ... vs State Of Andhra Pradesh, on 1 April, 2021
)*
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
(Special Original Jurisdiction)
THURSDAY, THE FIRST DAY OF APRIL,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 2043 OF 2021
Between:
1. M/s Oil Palm Developers and Processors Association, Having its office at 1 st
Floor 6-3-569/2,Rockdale,Somajiguda,Hyderabad 5000082 Represented by its
Executive Director,Mr.A.Narasimha Rao
2. 3F Oil Palm Agrotech Pvt. Ltd, 1% Floor, 6-3-569/2, Rockdale, Somajiguda,
Hyderabad-5000082,Represented by its DGM, Agriculture, Mr. P. Vijay Prasad.
3. Ruchi Soya Industries Ltd, 614, Tulasi Chambers, Nariman Point, Mumbai-
40002, Represented by its Unit Head, Mr. K.J. Prabhakara Rao.
4. Godrej Agrovet Limited, Godrej One, 3rd Floor,Pirojshanagar, Eastern Express
Highway, Vikhroli (East), Mumbai-400 079. Represented by its Business Head,
Oil Palm Plantations, Mr. Souganta Niyogi.
5. Radhika Vegetable Oils (Pvt) Limited, Having its Registered Office at Shreeram
Nagar, Vizianagaram, represented by its Head Plantations, Mr. D.G.S. Rayapa
Raju
6. Lakshmi Balaji Oils (P) Ltd, Having its factory at Sy.No.24/3, Tekara Khandi
Village, Kurupam Mandal, Vizianagaram represented by its Authorized signatory,
Mr.D.G.S. Rayapu Raju
7. Shanti Oil Palm Industries Pvt Limited, Level 5, Mittal Chambers, 10-113/2,
Asilimetta, Visakhapatnam, represented by its Authorized Signatory, N. Srinivasa
Rao.
...Petitioners
AND ,
1. State of Andhra Pradesh, Rep by its Principal Secretary to GOAP, Agriculture
and Cooperation (Horti and Seri) Department, Secretariat Buildings ,Velagapudi
Amaravathi. .
The Commissioner of Horticulture, State of Andhra Pradesh, Amaravathi. |
Andhra Pradesh Cooperative Oi! Seeds, Growers Federation Limited (AP Oil
Fed.), represented by its Vice-Chairman and Managing Director
4. Union of India, Represented by its Addl. Secretary, Ministry of Agriculture, Dept.
of Agriculture and Cooperation, Krishi Bhavan, New Delhi-110001.
5. Pedrla Soma Brahmam, S/o. Seshagiri Rao, Aged 40 years, Occ : Cultivation,
R/o. H.No.1-77/A, Pallerlamudi Village, Nuzvid Mandal, Krishna District.
A.P. State Oil Palm Farmers Welfare Association, Plot No. 304, Himagiri
Apartments, Narayanapuram Colony, Poranki, Vijayawada, Krishna District, A.P.,
Rep. by its President, Sri Bobba Veera Raghava Rao.
(RR. 5 & 6 are impleadd as per Court order dt. 16/2/2021 in 1.A.Nos. 4/2021 &
5/2021 respectively)
WON
oO
...Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a writ or order or direction more particularly one in the nature of Writ of Mandamus
or any other appropriate Writ declaring the G.O.RT.No.22 dated 19.01.2021 issued by
the 1% Respondent fixing the formula for the pricing of Oil Palm Fresh Fruit Bunches
(FFBs) as arbitrary, illegal, void and contrary to the Judgment passed in W.P.No.8376
of 2015 by the Hon'ble High Court dated 15.12.2015 and the provisions of Andhra
Pradesh Oil Palm (Regulation of Production and Processing) Act, 1993 (hereinafter
referred to the Act) and rules there under besides violating the petitioners rights
guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently
direct the 1st Respondent to re-fix the FFBs pricing formula for the period November,
2020 to October, 2021 (oil year) by taking OER of 16.08 % (Pedavegi) in terms of
CACP Report.
IANO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
Respondents 1 and 2 to re-fix the FFBs price for the period November, 2020 to October,
2021 (oil year) payable by the members of the association including petitioners 2 to 7 by
taking OER of 16.08% (Pedavegi) in terms of CACP Report, pending disposal of WP
2043 of 2021, on the file of the High Court.
IA NO: 2 OF 2021:
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the operation of the letter No.NFSM-Op/12/2020 dated 21.01.2021 issued by the 2m
Respondent, pending disposal of WP 2043 of 2021, on the file of the High Court.
IANO: 3 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the operation of the G.O.RT.No.22 dated 19.01.2021, Agricultural & Cooperation (Horti
& Seri.) Department issued by the 14** Respondent, pending disposal of WP 2043 of
2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and the orders of the High Court dated 28-01-2021 & 15-03-2021
made herein and upon hearing the arguments of M/s Challa Gunaranjan, Advocate for
the Petitioners, GP for Agriculture for the Respondent No.1 & 2 and Sri N Harinath,
Standing Counsel for Respondent No.4, the Court made the following.
ORDER:
Heard.
Orders are Reserved.
In view of the fact that the orders are reserved in the Writ Petition; the interim
order will be in force till the final orders are pronounced.
Sd/- G. SRINIVASA REDDY,
ASSISTANT REGISTRAR
[TRUE COPY//
For ASSISTANT REGISTRAR
To,
One CC to Sri Challa Gunaranjan Advocate [OPUC]
Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]
One CC to Sri N.Harinath, Assistant Solicitor General [OPUC]
One spare copy
RoON>
Skm
"
HIGH COURT
DVSS,J
DATED: 01-04-2021
NOTE: ORDERS ARE RESERVED
ORDER
_ WP.No.2043 of 2021
EXTENSION OF INTERIM ORDER
