M/S. Subham General Merchants v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.29478 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of respondent Nos.4 and 5 in not renewing the licence of the petitioner bearing No.440/2008-13 as commission agent as illegal and arbitrary.

2.

Heard Sri A.K.Kishore Reddy, the learned counsel for the petitioner, and Sri Ch. Srinivas, learned Standing Counsel for respondent Nos.4 and 5.

3.

A perusal of the record reveals that respondent Nos.4 and 5 granted licence in favour of the petitioner's firm for a period of five years, i.e., from 01.04.2008 to 31.03.2013 and allotted plot in the market yard to carry on chillies business. The petitioner submitted an application way back in the year 2013 for renewal of the licence. For one reason or other, respondent Nos.4 and 5 have not renewed the licence of the petitioner.

4.

At the time of argument, learned counsel for both the parties, in one voice, submitted that the issue involved in this writ petition is squarely covered by the common order dated 20.11.2015 of this Court passed in W.P. No.36804 of 2015 and batch and that this writ petition may be disposed of in terms of the said common order.

5.

Having regard to the facts and circumstances of the case and in view of the submissions made by the learned counsel for both

the parties, the 4th respondent is hereby directed to consider the petitioner's application for renewal of commission agent licence without reference to the G.O.Ms.No.57, Agriculture & Cooperation (AM-II) Department, dated 12.10.2015, but by applying the norms in G.O.Ms.No.190, Agriculture and Cooperation (MKTG.I) Department dated 06.04.1994 and communicate its decision to the petitioner within four (4) weeks from the date of receipt of a copy of this order.

6.

With the above direction, the Writ Petition is disposed of. No costs.

7.

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

________________________ T.SUNIL CHOWDARY, J Date: 31.08.2016 siva