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2009 Supreme(Kar) 220

D.V.SHYLENDRA KUMAR
Mysore Fruit Products Limited, Bangalore – Appellant
Versus
Director of Marketing – Respondent


Advocates appeared:
For the Petitioner:B.R. Satenahalli, Advocate.
For the Respondents:R1 & R3, H.K. Basavaraj, Government Advocate, R2, C.S. Patil, Advocate.

Judgment :-

D.V. SHYLENDRA KUMAR, J.

Writ Petition by a private limited Company, having a processing unit of agricultural products essentially approved within the market area of the second respondent – Special Agricultural Produce Market Committee for Fruits and Vegetables. While this is the fourth round of writ litigation before this Court, petitioner is basically aggrieved by an endorsement dated 14.12.2004 issued by the third respondent (copy produced at Annexure – "C" to this Writ Petition) where under the petitioner has been asked to remit a total amount of Rs.43,42,776/-by way of market fee and penalty in respect of the petitioner's transactions within the market yard during the periods from 1996-97 upto 22.6.2004.

2. Petitioner had been asked to remit this amount on the premise that petitioner, a person is required to carry out his transaction within the market yard by obtaining a license, had not obtained a license and having also not paid the market fee payable in respect of agricultural produce purchased by him which was being processed in his processing unit and marketed as a processed agricultural product.

3. Version of the petitioner is that the petitioner had made an a































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