GUMMADI NARAYANA REDDI Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
GUMMADI NARAYANA REDDI
STATE OF ANDHRA PRADESH
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Satyanarayana Raju, J. -
(1.) These petitions under Article 226 of the Constitution, arc for the issue of a writ of mandamus or other appropriate writ, direction or order, to the State of Andhra Pradesh to forbear from enforcing G. O. Ms. No. 2271, Agriculture, dated 29/11/1962, or any of the provisions of the Hyderabad Markets Act (II of 1339 Fasli) or the rules or bye-laws thereunder, in respect of vegetables and fruits.
(2.) The petitioners are ryots engaged in the cultivation of vegetables wholesale commission agents and fruit merchants in and around the Cities of Hyderabad and Secunderabad.
(3.) The material averments, in the affidavits filed in support of the petitions are these: There are three wholesale markets in the Cities of Secunderabad and Hyderabad, in which vegetables and fruits are sold. They are Hissamganj in Secunderabad, and Mirialamandi and Subzimandi in Hyderabad. From times immemorial, the wholesale commission agents, the growers and the retail purchasers have been carrying on business in those markets according to certain well recognised and well established usages, customs and practices. After the vegetables and fruits are brought to the markets by the growers, the commision agents invite the retail dealers to officer their bids. The rates vary from hour to hour depending on the quantities available and on the demand for particular varieties. When the bids are accepted, the commodities are weighed and delivered to the retail dealers. For the services rendered by them, the commission agents are paid their commission by the growers as well as the retail dealers. The commission agents serve as useful intermediaries for bringing together the growers and the retail dealers. The growers receive financial aid from the commission agents. The retail dealers do not have the necessary finance to pay for the commodities purchased by them. The commission agents also extend credit to the retail dealers. The mode of business transacted in the markets has been highly beneficial to all the parties concerned. If the notification issued by the Government, declaring vegetables and fruits to be agricultural produce for the purposes of the Act, is to be enforced it would be detrimental to the business of the petitioners.;
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