( 1 ) THE present writ petitions have been preferred by the Rice millers having licence under the provisions of the Rice Milling industries (Regulation) Act, 1958. They have questioned the authority of the respondent-Market Committee constituted under the provisions of the Karnataka Agricultural Produce marketing (Regulation) Act, 1966 (in short the Marketing Act') to compel the petitioners to collect market fee on levy sales of rice effected under the provisions of the Karnataka Rice procurement Levy Order, 1984 (in short the Levy order) made under Section 3 of the Essential Commodities Act, 1955.

( 2 ) IN an earlier judgment, in the case of Nadiga Industries and Rice Mill v State of Karnataka , a Bench of this Court relying on the judgment of the Supreme Court in M/s. Chhitter mal Narain Das v Commissioner of Sales Tax , had held to the following effect:"as far as the first prayer made in the writ petitions is concerned, the same shall be governed by the Division bench decision of this Court in Gangadhara Rice Mills case, supra. As far as the second prayer is concerned, we declare that the rice surrendered towards levy does not attract market fee, as the surrend