G.S.SINGHVI, H.L.DATTU
Krishi Upaj Mandi Samiti – Appellant
Versus
Shiv Shakti Khansari Udyog – Respondent
Judgment :-
G. S. Singhvi, J.
1. Leave granted.
2. The questions which arise for consideration in these appeals filed by the State of Madhya Pradesh and the Market Committees against the orders passed by the Division Benches of the Madhya Pradesh High Court are whether the provisions of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter described as, ‘the Market Act’) are applicable to the transactions involving the purchase of sugarcane by the factories operating in the market areas of the State and whether market fee can be levied on such transactions.
3. The contesting respondents are operating sugar factories in different market areas of the State and have been purchasing sugarcane from Cane Growers and Cane Growers’ Co-operative Societies. Thus, they are covered by the general sweep of the Market Act because sugarcane is a notified agricultural produce and by virtue of Section 19, the Market Committees are empowered to levy market fee on the transactions involving purchase of sugarcane.
4. The respondents filed writ petitions for quashing the notices issued by the Market Committees requiring them to take licence under the Market Act and to pay market fee on the purch
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