M/S. Vayunandana Industries, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 924 AP

                         HIGH COURT OF ANDHRA PRADESH


MAIN CASE No.:     W.P.No.4325 of 2022

                                  PROCEEDING SHEET
Sl.No.      Date                                 ORDER                             OFFICE
                                                                                    NOTE

 01.     21.02.2022   MGR,J

                              Notice before admission.
                              Learned Assistant Government Pleader
                      for Agriculture takes notice for the respondents

1 & 2. Sri B. Prakasam, learned standing counsel, takes notice for the 3rd respondent. They waive further notices and seek time to file counter.

Post on 28.03.2022.

______ MGR, J IA.No.2 of 2022 Having regard to the facts and circumstances of the case, submissions of Sri Dr.M.V.K. Murthy, learned senior counsel appearing for Sri M.V.J.K. Kumar, learned counsel for the petitioner, and on perusal of the record, this Court prima facie found that the issuance of the impugned circular asking the petitioner to submit monthly returns from 13.01.2021 to 30.11.2021 and pay the market cess/fees arrears immediately is in contravention of provision of Section 6 of THE FARMERS' PRODUCE TRADE AND COMMERCE (PROMOTION AND FACILITATION) ACT, 2020; THE FARM LAWS REPEAL ACT, 2021; provision of Section 6 of the General Clauses Act, 1897 and also contrary to the law laid by the Apex Court in Universal Imports Agency and others v. The Chief Controller of Imports and Exports and others [AIR 1961 SC 41], Hasan Nurani Malak Vs. Assistant Charity Commissioner [AIR 1967 SC 1742] and The Dharangadhra

Chemical Works vs Dharangadhra Municipality [AIR 1985 SC 1729] and State of Rajasthan v. Mangilal Pindwal [AIR 1996 SC 2181],.

The issue raised in this writ petition viz., in view of the stay granted by the Hon'ble Apex Court on 12.01.2021 and subsequent repeal of the above enactment by the Parliament on 30.11.2021 vide THE FARM LAWS REPEAL ACT, 2021, published in the Gazette of India on 01.12.2021, whether the 3rd respondent is entitled to collect the market cess/fees during the interregnum period needs to be adjudicated after filing of the counter affidavits by the respondents, with reference to the judgments of the Apex Court with regard to the repeal Act and its operation. Therefore, this Court is prima facie satisfied that the petitioner has shown sufficient cause for grant of interim order.

Accordingly, there shall be interim suspension as prayed for.

______ MGR, J Note: Issue CC by 22.02.2022 B/o Vjl