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2003 Supreme(SC) 1171

BRIJESH KUMAR, ARUN KUMAR
Harinagar Sugar Mills LTD. – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Brijesh Kumar, J.-The appellant, in the above noted Civil Appeals No. 8274-8292 of 2001 is a Company registered under the Indian Companies Act, 1956 and has a sugar factory situate in Harinagar, District West Champaran in the State of Bihar. For the purposes of manufacture of sugar, the appellant had been purchasing sugarcane and the sugar produced would be sold as per provisions under the law. The molasses collected as one of the by-products was also sold by the appellant. By means of a Notification dated 21.7.1976 issued under Bihar Agricultural Produce Markets Act, 1960 (for short the Act ), Ram Nagar Agricultural Produce Market Area was constituted. A licence under the provisions of the Act was issued by the concerned market committee viz. the Bagha Agricultural Produce Marketing Committee to the appellant as a result of which the transactions of purchase of sugarcane and sale of sugar and molasses became subject to payment of market fee. The connected Civil Appeal Nos. 8293-8311 of 2001 have been filed by the Bagha Agricultural Produce Marketing Committee aggrieved by the part of the judgment of the High Court holding that they would not be entitled to recover the b





































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