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2006 Supreme(SC) 870

ARIJIT PASAYAT, S.H.KAPADIA
Star Paper Mills LTD. – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Arijit Pasayat, J.—Challenge in these appeals is to the judgment rendered by a Division Bench of the Allahabad High Court. Two of the appeals i.e. Civil Appeal Nos. 2595-96 of 2000 relate to the order requiring the appellant to avail statutory remedy and other two appeals i.e. Civil Appeal nos. 2597-98 of 2000 relate to the order passed in the a review application filed by the appellant, rejecting the prayer for review.

2. The basic prayer in the writ petition was to restrain the respondents Rajya Krishi Utpadan Mandi Parishad and several Krishi Utpadan Mandi Samitis from levying and/or collecting any market fee on the purchases made by the appellant from Uttar Pradesh Forest Corporation, Lucknow (in short the Corporation). Appellants stand in essence was as follows:

3. Appellant purchases paper for its own consumption and therefore it is not liable to pay any market fee in terms of Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965 (in short the Niyamavali). It was submitted that a person who purchases agricultural produces for his domestic consumption does not come within the ambit of the said rule. It was also pointed out that it being not a seller withi
















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