JUDGMENT

Bhan, J.-Leave granted in the special leave petitions.

2. Rice millers and commission agents in the State of Karnataka having licences under the provisions of the Rice Milling Industries (Regulation) Act, 1958 filed writ petitions challenging the validity of levy of market fee on rice by the Marketing Committees constituted under the provisions of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (for short the Marketing Act ).

3. Writ petitions were filed, inter alia, on the grounds as to whether the sale of rice by the rice millers to the State Government or its agents by virtue of the Karnataka Rice Procurement (Levy) Order, 1984 (for short the Control Order ) is a sale for the purpose of Section 65 of the Marketing Act; when once paddy is subjected to levy of market fee, whether on sale of rice, market fee could be levied; whether the rice which is a processing commodity from a paddy could be subjected to market fee; and as to whether the provisions of the Marketing Act were repugnant to the Control Order framed under the Essential Commodities Act. The single Judge allowed the writ petitions, aggrieved against which the State of Karnataka filed writ ap