Andhra Pradesh High Court - Amravati
M/S Oil Palm Developers And ... vs State Of Andhra Pradesh, on 15 March, 2021
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
(Special Original Jurisdiction)
MONDAY, THE FIFTEENTH DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
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 Oil 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.
.. Respondents
ON
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.9376
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.
IA NO: 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 2"
Respondent, pending disposal of WP 2043 of 2021, on the file of the High Court.
1A NO: 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 1° 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 order of the High Court dated 28-01-2021 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:
"Sri B.Adinarayana, learned counsel appearing for Mr.Challa Gunaranjan,
learned counsel for the petitioners submits that the 5" respondent has filed fresh
material on 08.03.2021 and the same is requires to be answered by way of reply
affidavit.
Post the matter on 23.03.2021.
In the meanwhile, learned counsel for the petitioners is directed to file reply
by 22.03.2021.
Interim order granted earlier shall stand extended till 25.03.2021."
SD/- V.Satyanaraya
ASSISTANT REGISTRAR
ITTRUE COPY// PF
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
RON>
MM
_ . HIGH COURT
~ RRRJ
DATED: 15/03/2021
NOTE: POST THE MATTER ON 23-03-2021
ORDER
WP.No.2043 of 2021
to oo . INTERIM SUSPENSION EXTENDED
