The Grade-I Secretary And vs The Alamuru Taluka Rice Millers ...
2024 Latest Caselaw 7139 AP

Andhra Pradesh High Court - Amravati

The Grade-I Secretary And vs The Alamuru Taluka Rice Millers ... on 12 August, 2024

       APHC010274532024        IN THE HIGH COURT OF ANDHRA                Bench
                                                                         Sr.No:-20
                                         PRADESH                          [3483]
                                       AT AMARAVATI

                                WRIT APPEAL NO: 594 of 2024

The Grade-I Secretary and                              ...Appellant(s)
Others

     Vs.

The Alamuru Taluka Rice Millers Association and Others           ...Respondent(s)


                                    **********

B. PRAKASAM (Sr SC FOR AMC), Advocate(s) for Appellant(s)

SRINIVASA RAO KUDUPUDI, Advocate(s) for Respondent(s)

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

DATE : 12th August 2024

PER DHIRAJ SINGH THAKUR, CJ (Oral):

The present writ appeal has been preferred against the judgment and

order, dated 25.04.2024, passed in W.P. No.7377 of 2024. In the writ petition,

the petitioners had questioned the notices, dated 18.10.2023, issued by the

respondents in the said petition demanding collection of market fee/cess

under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act,

1966, for the period 2020-21, as illegal, arbitrary and without authority of law.

The learned single Judge, by virtue of the judgment and order

impugned, allowed the petition based upon the fact that in another writ petition

HCJ & RC, J

bearing No.4325 of 2022, the coordinate Bench had stayed the operation of

the Circular, dated 22.12.2021.

On a perusal of the order, dated 21.02.2022, passed in W.P. No.4325 of

2022, it can be seen that the stay order was given as an interim measure and

the petition, admittedly, is still pending. At best, the learned single Judge could

have stayed the operation of the impugned notices in the writ petition and

directed the tagging of W.P. No.7377 of 2024 along with W.P. No.4325 of

2022, for disposal.

Be that as it may, we set aside the judgment and order impugned.

W.P. No.7377 of 2024 is restored to its original number and shall be listed

along with W.P. No.4325 of 2022. Till the disposal of the writ petition, the

operation of the impugned notices, dated 18.10.2023, shall remain stayed.

The Writ Appeal is, accordingly, allowed. No costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J

akn

107 HCJ & RC, J

HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE RAVI CHEEMALAPATI

DATE : 12.08.2024

AKN