Minota Aquatech, having its registered v. The Special Grade Secretary, Agricultural Market Committee, Bheemili, Vizag District & eight
Case at a glance
- Decided
- 20 Mar 2006
- Bench
- A GOPAL REDDY
Outcome
Dismissed
Accordingly, the Writ Petitions are dismissed
Provisions considered
Judgment
Cause title
Rep. by its Manager Mr. Thains Antonisamy. AND The Special Grade Secretary, Agricultural Market Committee, Bheemili, Vizag District & eight others ..... PETITIONER
RESPONDENTS
HON’BLE MR JUSTICE A. GOPAL REDDY
WRIT PETITION NOs.27164 & 27165 OF 1995
COMMON ORDER:
Operative part
These two writ petitions are filed to declare that the Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966 has no application to the prawns trade and the petitioners are not liable to pay any fee, either licence fee or market fee, on the premise that they purchase the prawns from various locations in the State of Andhra Pradesh and after getting them processed, export the same to various countries. The Apex Court in ITC LTD. v . Person In-Charge, Agricultural Market Committee, Kakinada ((2004) 2 SCC 794) held as under:
Normally, in common parlance animal is understood as a quadruped creature but fish is also an animal but of a different kind. Prawn is included in the definition of fish as given in the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act and has all the essential attributes of an animal viz. life, sensation and voluntary motion. It is therefore, not possible to accept the contention that prawn is not a livestock. The State Government is thus fully competent to issue a notification regarding prawns under Section 3 of the Act.
In view of the law declared by the Apex Court, the petitioners are not entitled for the relief as sought for and therefore, the writ petitions are liable to be dismissed. Accordingly, the Writ Petitions are dismissed. No costs. ________________ A. GOPAL REDDY, J 20th MARCH, 2006. Tsr
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petitions are dismissed
Which statutory provisions did this judgment involve?
Andhra Pradesh (Agricultural Produce and Live Stock) Market Act, 1966; Foreign Vessels Act.
Which court decided this case, and when?
Andhra Pradesh High Court, on 20 Mar 2006. The bench was A GOPAL REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.