Judgment

S.B. Majmudar, J.—Leave granted in the Special Leave Petitions.

2. These appeals and writ petitions mainly raise the question re­garding the legality of the levy of market fee under the provi­sions of Bihar Agricultural Produce Markets Act, 1960 (hereina­fter referred to as the ‘Market Act’ for short). The grievance made by the appellants/writ petitioners pertained to the follow­ing commodities with which the respective proceedings are con­cerned.

1. Sugarcane, Sugar and molasses (briefly referred to as ‘Sugar matters’);

2. What products Atta, Maida, Suzi, Bran etc.;

3. Vegetable Oil;

4. Rice milling;

5. Milk and milk products;

6. Tea.

It will, therefore, be appropriate to deal seriatim the grievanc­es centering round the levy of market fee on transactions con­cerning the aforesaid commodities.

Grievances in connection with market fee concerning sugar matters :

3. So far as this group of matters is concerned, first two Civil Appeal Nos. 398 and 399 of 1977 arise out of certificates of fitness granted by the High Court of Judicature at Patna under Articles 132(1) and 133(1) of t