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1979 Supreme(AP) 121

A.SEETHARAM REDDY
INDIAN LEAF TOBACCO DEVELOPMENT – Appellant
Versus
AGRICULTURAL MARKET COMMITTEE – Respondent


A. SEETARAM REDDY, J.

( 1 ) "plaintiffs are the revision petitioners, They filed the suit in a representative capacity, inter alia for a declaration that the defendant (Agricultural market Committee, Kandukur) is not entitled to levy or collect and fee or penalty under Sections 12 and 13 of the A. P. Agricultural Produce, and Livestock Markets Act and under Bye-law 24 of the defendant Committee, from the plaintiffs and other traders of tobacco and for consequential relief of permanent injunction. The suit was filed at a time when the Defendant started serving demand notices on the plaintiffs and other tobacco traders for furnishing returns of purchases for the purpose of collecting market-fee at the rate of 20 paise per hundred rupees proposed to be levied as per section 12 (1) of the Act. The suit is, therefore, valued at Rs. 15,500/ and a court-fee of Rs. 1,146/ was paid under Section 24 (d) and Section 20 of the A. P- Court Fees and Suits valuation Act. Thereafter, the check-slip was issued on the ground that the suit is filed in a representative capacity to avert the loss that would be sustained on account of the proposed levy and collection of fees by the defendant and that the

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