Andhra Pradesh High Court - Amravati
M/S Yerrram Brahma Reddy Sons., vs Prl. Secy., Agrl. Coop. 4 Ors. on 15 December, 2021
1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.38217 of 2017
ORDER:
This Writ Petition is filed seeking following relief:
"to issue writ or order or direction more
particularly in the nature of Writ of Mandamus
declaring the action of the 5th respondent in not
renewing the license bearing No 562/2011-2016
as commission agent for the period 2016-21
insisting upon fulfillment of the conditions as
laid down in G.O.Ms. No. 57 Agriculture and Co-
operation dated 12.10.2015 by issuing common
notice dated 30.10.2015 in Rc.No.384/2015 is
illegal, arbitrary, irrational and non-application
of mind in violation of Articles 14, 19 (1) (g) and
21 of the Constitution of India and openly run in
conflict with G.O.Ms.No.64 Agrl. Co-operation
Department dated 11-6-2013 and it openly runs
in the teeth of the settled law laid down by the
Honble Supreme Court of India in a catena of
judgments holding the field of rules of
construction and interpretation of statutes and
consequently direct the 4th and 5th respondents
to renew the license of the petitioner firm
bearing No 562/2011-2016 for the period 2016-
21 in terms of G.O.Ms. No. 190 dated 06.4.1994
by enforcing G.O.Ms.No. 64 Agriculture and Co-
operation Department dated. I1.6.2013 and to
pass such other order.
2. When this Writ Petition came up for admission on
14.11.2017 following interim order was passed:
"Notice before admission.
Heard the learned counsel for the
petitioner, who submits that this Court in
similar circumstances granted interim order
in WP.No.36062 of 2017 on 30.10.2017.
Learned Standing Counsel for
respondents 4 and 5 seeks time for filing
counter.
Post on 27.11.2017 in adjourned
motion list along with WP. No.36062 of
2017.
Till then, there shall be interim
direction as prayed for. However, the
petitioner shall give an undertaking that it
will produce bank guarantee in respect of
amounts specified in G.O.Ms.No. 57 dated
12.10.2015 and G.O.Ms.No. 64 dated
11.06.2013, which will be subject to the
result of the writ petition."
3. "Today when the matter came up for hearing, learned
Standing counsel appearing for the respondents submits that
the subject matter of this writ petition is squarely covered by
the order in Writ Petition No. 9395 of 2019 which was
disposed of with the following observations:
"Today, when the matter is taken up
for hearing, learned Government Pleader
submits that the impugned G.O.Ms.No. 57,
Agriculture and Cooperation (AM.II)
Department, dated 12.10.2015, which is
under challenge in the present Writ Petition,
is modified through G.O.Ms.No.85,
Agriculture and Cooperation (Mktg.II)
Department, dated 06.11.2020, and hence,
no further orders are necessary in the Writ
Petition.
In view of the facts and circumstances
of the case, the Writ Petition is closed.
However, it is open to the petitioners to
challenge G.O.Ms.No. 85, Agriculture and
cooperation (Mktg.II) Department, dated
06.11.2020, if they are so advised. There
shall be no order as to costs."
4. In view of the facts and circumstances of the case, and
following the order in Writ Petition No. 9395 of 2019, this Writ
Petition is closed. However, it is open to the petitioner firm to
challenge G.O.Ms.No. 85, Agriculture and Cooperation
(Mktg.II) Department dated 06.11.2020, if they are so
advised. There shall be no order as to costs.
5. As a sequel thereto, the miscellaneous petitions,
if any, pending in this Writ Petition shall stand closed.
_________________________________
KONGARA VIJAYA LAKSHMI, J
Date: 15.12.2021
Psr
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
(Closed)
WRIT PETITION No. 38217 of 2017
Date: 15.12.2021
Psr
