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J. B. PARDIWALA, R. MAHADEVAN
State Of Haryana – Appellant
Versus
Tilda riceland Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. high court's decision on market fees legality (Para 3 , 4 , 5) |
| 2. conditions for exemption from market fees (Para 6 , 7 , 8) |
| 3. authority's power to recover fees (Para 9 , 10 , 11) |
| 4. disposition of special leave petition (Para 12 , 13) |
ORDER :
1. Delay condoned.
2. We heard Mr. Hemant Gupta, the learned counsel appearing for the State of Haryana.
3. This petition arises from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 22-7-2024 in CWP No.9891 of 2009 (O&M) by which the High Court allowed the writ petition filed by the sole respondent before us and thereby declared that transporting of stock from one market committee to the other would not amount to business transaction or sale and, therefore, the petitioners - herein would not be justified in demanding additional market fees.
4. The High Court in its impugned order has observed in Paras 7, 8 and 9 respectively as under:-
Market fees can only be levied if agricultural produce is sold or purchased within the notified market area, as per Section 12(1) of the A.P. Markets Act.
(1) It is obligation of importer to realise market fee from purchaser and pay the same to Market Committee.(2) It is sale within market area that attracts levy of market fee and not first purchase th....
The burden of proof lies with parties claiming exemption from market fees, necessitating sufficient evidence of transactions occurring outside designated market areas.
Industrial concerns are not liable to pay market fees on agricultural produce brought into the market area for processing and manufacturing under section 28 of the Act, 1963, provided that they have ....
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