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2003 Supreme(SC) 228

M.B.SHAH, ARUN KUMAR
Agriculture Market Committee, Rajam – Appellant
Versus
Rajam Jute And Oil Millers Association, Rajam – Respondent


JUDGMENT

Arun Kumar, J.-The appeal is directed against the judgment dated 20th February, 1992 passed by the Andhra Pradesh High Court allowing the second appeal and decreeing the suit filed by the plaintiff-Association, respondent herein. Briefly, the facts are that respondent filed a suit for declaration and injunction in the court of Subordinate Judge, Rajam, District Srikakulam, Andhra Pradesh. The plaintiff sought a declaration to the effect that the defendant - Market Committee had no right to levy, demand and collect any market fee from the members of the plaintiff -Association. An injunction was also sought to restrain the defendant - Committee from collecting market fee from the members of the plaintiff - Association. The case set up by the plaintiff as per the plaint was that Rajam Sub-Taluk was under the jurisdiction of the Ponduru Agricultural Market Committee. On Rajam Sub-Taluk being upgraded as a Taluk, a separate Agricultural Market Committee was constituted for the Rajam Taluk with effect from 24th December, 1979. The Market Committee was constituted under the Andhra Pradesh Agricultural (Produce & Livestock) Markets Act, 1966 (hereinafter referred to as the Act )



















































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