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1995 Supreme(Kar) 126

H.N.TILHARI
PREM MCE MILL, MANVI, RAICHUR DISTRICT – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.R.SATENAHALLI, E.G.SRIHARAN, N.DEVDAS

H. N. TILHARI, J.

( 1 ) BY this petition the petitioner has prayed for issuance of writ of prohibition, prohibiting the Enforcement Officer appointed under the Karnataka Agricultural Produce Marketing (Regulation) Act, from demanding and collecting the market fee in respect of the transactions made by the petitioners in respect of Rice which is controlled by the Levy Order or orders issued by virtue of Entry 48 of List II and Entry 33 of List III of 7th schedule, since they are not covered under the enactment of entry 26 and 28 of List-II of 7th Schedule and for the issuance of writ, order or direction in the nature of writ of mandamus communicating and directing the respondent-Market committees to allot shop-cum-godown to the petitioners in the respective Market Yards and for such further or other reliefs. The petitioners have also claimed interim relief to the effect that respondents and their subordinates be directed not to demand or collect market fee in respect of transactions made by the petitioners under levy order and to further direct the respondents not to seize the accounts books of the petitioners pending disposal of the writ petition.

( 2 ) THE petitioners case in brief






























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