Vigneswara Trading Company v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.9648 of 2018 ORDER:

The Writ Petition is filed for the following relief:- "To issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 5 in not considering the petitioner's application submitted in Form-5 for grant of commission agent licence inspite of receiving the license fee as well as penalty as illegal, arbitrary, contrary to Article 14, 19(1)(g) and 21 of Constitution of India, violation of the 1st respondent proceedings dated 21.03.2014 and 29.05.2014 and contrary to Section 7 (1) and Rule 48 (5) of the A.P. (Agricultural Produce & Live Stock) Markets Act, 1966 and Rules and consequently direct the respondents to grant commission agent licence in Form8 in favour of the petitioner without reference to G.O.Ms.No.57, dated 12.10.2015 and ...."

2.

When the matter is called, it is submitted by learned counsel for the petitioner so also learned Government Pleader that the issue in the present writ petition is squarely covered by the order, dated 18.01.2018, in W.P.No.1174 of 2018 of this Court. A copy of the same is filed along with writ petition as material papers. The penultimate portion of the said order reads as under: "In those circumstances, the Writ Petition is allowed directing the fifth respondent to consider the petitioner's application for grant of commission agent's license and pass appropriate orders without reference to G.O.Ms.No.57, Agriculture and Cooperation (AM-II) Department, dated 12.10.2015, but, by applying the norms in G.O.Ms.No.190, Agriculture and Cooperation (MKTG.1) Department, dated 06.04.1994, and communicate the decision to the petitioner within two weeks from the date of receipt of a copy of this order."

3.

Following the said order and for the reasons stated therein, this writ petition is also allowed in terms thereof. There shall be no order as to costs.

4.

Office to enclose a copy of the order, dated 18.01.2018, in W.P.No.1174 of 2018 to this order.

5.

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 23.03.2018 smr

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.33681 OF 2017 Date: 10.10.2017 AMD