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TMI Blog2004 (2) TMI 681X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions. 2. We will state the facts of Special Leave Petition (Civil) No.20787 of 2000. Seedsman Association, Hyderabad and two other seed companies filed writ petition under Article 226 of the Constitution impleading the Principal Secretary to Government, Agricultural Department, Director-cum-Commissioner of Agriculture Marketing Committee, Hyderabad and 16 Agricultural Market Committees of some Districts in the State of Andhra Pradesh as respondents. The main prayer made in the writ petition is that the action of the respondents especially those of respondent nos.3 to 18 in compelling petitioner nos.2 and 3 to pay market fee under Section 7 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 be declared as illegal and arbitrary and the same may be set aside. 3. In the affidavit filed in support of the writ petition, it is averred that Seedsman Association, Hyderabad is an Association registered under the Societies Act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of Seeds Act, 1966 and the Seeds (Control) Order, 1983. From the date of sowing the Breede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioners shall be liable to comply the provisions of A.P. (Agircultural Produce and Livestock) Markets Act, 1966 in their dealings in items covered by paragraph (1) above, within the market areas/market yards and failure to do so will render them liable for the consequences under the said Act. 4. Learned counsel for the appellants has submitted that the Parliament has enacted the Seeds Act, 1966 to provide for regulating the quality of certain seeds for sale and for matters connected therewith and this Act makes detailed provisions for regulating sale of seeds of notified kinds and varieties. Besides the aforesaid enactment, the Central Government has in exercise of power conferred by Section 3 of the Essential Commodities Act made the Seeds (Control) Order, 1983, which provides for licensing of dealers in seeds, besides appointment of Inspectors and taking of samples and analysis of seeds meant for sale or export. These statutory provisions and Control Order, it is submitted, deal with every aspect of the sale and purchase of seeds and, therefore, the vary same activity cannot come within the purview of Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d kind or variety may apply to the certification agency for the grant of certificate for the purpose. This Act further provides for appointment of Seed Analysts and Seed Inspectors. Section 7 of this Act enjoins that no person shall carry on the business of sale, keeping for sale, offering to sell or otherwise supplying seed of any notified kind or variety unless the same is identifiable as to its kind or variety, conforms to the minimum limit of germination and period specified under Section 6 and the container of such seeds bears, in the prescribed manner, the mark or label containing the correct price thereof and complies with such other requirements as may be prescribed. The Seeds (Control) Order, 1983 lays down that no person shall carry on the business of selling, exporting or importing seeds, except and in accordance with the terms and conditions of licence granted to him under the Order. The dealer of seeds has to display in his place of business details of opening and closing stock of different varieties of seeds held by him and also a list indicating the prices thereof. The Seeds (Control) Order also empowers the State Government to appoint Inspectors who are authorised t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. and issued a writ of mandamus restraining the Agriculture Market Committee from interfering in the business of the Company in certified seeds and from demanding and realizing market fee on the transaction of unprocessed or processed certified seeds. The case set up by the company was that the business of the company is to purchase breeder seeds from Agricultural Research Institute and thereafter to produce certified seeds . The first step of production is to distribute this breeder seeds to the listed and scheduled farmers. The breeder seeds are sown and are germinated under strict supervision of the statutory Seeds Certification Agency, set up under the Seeds Act, 1966 . The harvest is selected carefully under supervision of the Agency. The lots which do not conform to specifications are rejected. The standardized seeds so obtained are called Foundation Seeds . These foundation seeds are thereafter again supplied to the listed farmers variety-wise with intimation to the Agency. The farmers sow these foundation seeds which are also supervised by the Agency. This crop is thus germinated under strict supervision of the Agency and the lots rejected are not taken back by far ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduce seeds but they in fact procure seeds produced by someone else. Who is the producer of seeds and what steps have been taken by such producer to ensure the quality of the seeds is not disclosed. Similarly, there is no clear averment that on account of application of insecticides or chemicals and poisonous substances, the basic character of the article, namely, its consumption as food by human beings or animals is irretrievably lost and that such commodity is distinct from foodgrains. 10. In view of the fact that the writ petition is very vague and necessary details of the commodity and the manner of its production in which the members of the writ petitioner no.1 (Association) claim to be dealing have not been given, it is not possible to arrive at the necessary factual finding that the foodgrains meant to be utilised as seeds has irretrievably lost its basic character i.e. its consumption as food by human beings or animals or for extraction for the like purpose and that such processed seeds have become a commodity distinct from foodgrains as commonly understood. Similar is the case of the other connected appeals. It is, therefore, not possible to give any relief to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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