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1994 Supreme(SC) 1165

K.S.PARIPOORNAN, K.RAMASWAMY
Sita Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates:
B.B.Singh, H.L.Agrawal, IRSHAD AHMAD, S.B.SANYAL

(1) THIS appeal by special leave arises from the judgment of the division bench of the Patna High court in CWJC No. 1654 of 1974 dated 24/3/1983. The only question is whether market committee has power to levy market fee on buffaloes, bullocks and cows bought or sold on every Thursday in Sammaspur Hat. The division bench held that by operation of Section 2(l)(a) read with Item 3 in Classification 8 of the Schedule under the head "Animal Husbandry products" cattle is an agricultural produce for the purpose of levy of the market fee under Section 27 of the Bihar Agricultural Produce Markets Act, 1960 (Act XVI of 1960, for short "the Act". We find no force in the contention of Shri Sanyal, learned Senior Counsel for the appellant that the cattle is not an agricultural produce and the levy and collection of the market fee on the cattle bought or sold in the notified market is without jurisdiction. Section 15(1 of the Act provides that no agricultural produce specified in the notification under subsection (1 of Section 4, shall be bought or sold by any person at any place within the market area, other than the principal market yard or sub-market yard or yards established therein







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