AGRICULTURAL MARKET COMMITTEE Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-7-34
HIGH COURT OF ANDHRA PRADESH
Decided on July 14,1971

AGRICULTURAL MARKET COMMITTEE Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

Kupuswami, J. - (1.) Under the Madras Commercial Crops Market Act 1933 (Act XX of 1933) which subsequently, as applied to the State of Andhra Pradesh, came to be known as the Andhra Pradesh Commercial Crops Markets Act 1933, a Market Committee called the Guntur Market Committee was established for the entire Guntur District. In 1966 was enacted the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter referred to as the Act) which is an Act to consolidate and amend the law relating to cultural produce, livestock and products of livestock and the establishment of markets in connection therewith. Section 4 (1) of the Act authorises the Government to constitute a market committee for every notified area. Section 36 of the Act provides for the repeal inter alia of the Andhra Pradesh Commercial Crops Markets Act, 1933 Under proviso (b) of that section "any market committee constituted under any of the Acts so repeated and existing immediately before the commencement of this Act shall be deemed to have been constituted under any of the Acts so repealed and existing immediately before the commencement of this Act shall be deemed to have been constituted under this Act until a market committee is constituted in its place and no such constitution all the assets and liabilities of the market committee so deemed to have been constituted shall devolve on the market committee so constituted under this Act."
(2.) Under the powers conferred under S. 4 (1) of the Act, the Government of Andhra Pradesh issued G. O. Ms. 665 dated 29-11-1968 constituting four market committees for the district of Guntur in the place of the Guntur Market Committee which existed under old Act. These were the Agricultural Market Committee, Guntur, for Guntur and seven other places, Agricultural Committee. Tenali, for Tenali and seven other places, Agricultural Market Committee, Ongole, for Ongole and nine other places and Agricultural Market Committee, Narasaraopet, for Narasarapet and eight other places. Later, G. O. Ms. 1865 dated 11-10-1969, the Government declared that the assets, rights and liabilities of the dissolved committee shall be distributed among the new committees equitably on the basis of approximate income derived and the amenities provided in the respective area. It directed that the Examiner of Local Fund Accounts, Andhra Pradesh, be entrusted with the work relating to the division of assets and liabilities among the various market committees in the State. The Agricultural Market Committee, Tenali, which is the petitioner herein and the Collector and Ex-officio Chairman of the Krishna Marketing Committee proposed a modification to the above G. O so as to distribute the assets and liabilities equally among the committees instead of on income basis. The Government, however, did not see fit to accept their suggestion. They issued a Memo No. 3820/Agri IV/69-3 dated 6-2-70 wherein they laid down certain principles to be followed in the division of assets and liabilities of the Guntur Market Committee. It is sufficient to refer to the first two principles which are the subject-matter of controversy in this Writ petition. 1. The immovable properties of the Committee lying in their jurisdiction should devolve on the respective committees. 2. All the fluid assets over the liabilities shall be divided among the successor Committees according to the percentage of average income for the three years from 1966 to 1968.
(3.) The petitioner, namely, the Agricultural Market Committee, Tenali, represented by its Chairman has filed this Writ Petition praying for the issue of certiorari or any other appropriate writ to quash the G. O. Ms. 1865 dated 11-10-1969 and Memo No. 3820. Agri/IV dated 6-2-1970 referred to above.;


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