T.V. Talawade, J.

1. The appeal is filed against the decision given by the learned Single Judge of this Court by which Writ Petition No.3235/2007 is dismissed. The writ petition was filed by the present appellant to challenge the order dated 9-5-2007 passed by the Tribunal constituted under the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short, "the APMC Act"). Application No.1/2007 was filed before the Tribunal by respondent No.1, Market Committee, Jalgaon and it was allowed by the Tribunal. Present appellant was directed by the Tribunal to pay Rs.49,78,656/- as market fees and supervision fees to the Market Committee, respondent No.1. Both the sides are heard.

2. The appellant is the Chief Agent of the State Government, an institution created for procurement of raw cotton. The institution is created to implement the scheme of the State Government and through the appellant, the State Government purchases raw cotton from market. The object behind the scheme was to see that the farmers of this State are not exploited and they get reasonable price of cotton. The Government also wanted to see that the farmers get minimum support price due to such purchase by the agent of the State Government.

3. Agricultural Produce Market Committee Jalgaon is created under the APMC Act. The Committee has the power to levy and collect fees from every purchaser of agricultural produce marketed in the market area. The appellant was expected to purchase the cotton in the market area of the Market Committee Jalgaon. As per the provision of the APMC Act, the purchaser is required to make payment of cess, fees to the Market Committee and for purchasing the raw cotton from market the appellant was expected to pay fees to the Market Committee, Jalgaon.

4. In view of the provisions of Section 31 of the APMC Act, the minimum and maximum fees can be fixed by the State Government by issuing notification in the official gazette. As per this provision, the Market Committee can levy and recover the fees within the limits fixed by the State Government. The provision of section 31(1) of the APMC Act runs as under:

"31 - Power of Market Committee to levy fees and rates of commission (adat) :

(1) It shall be competent to a market committee to levy and collect fees in the prescribed manner at such rates as may be decided by it (but subject to the minimum and maximum rates which may be fixed by the State Government by notification in the Official Gazette, in that behalf), from every purchaser of agricultural produce marketed in the market area."

5. Every year the State Government was issuing notification as per section 31 of the APMC Act to fix the fees in respect of raw cotton. By notification dated 10-11- 2003 the State Government had informed the decision that for the year 2003-2004 the fees was increased from 50 paisa per hundred rupees to Re. 1 per hundred rupees. Direction was given to the appellant to start purchasing the cotton in that notification from 10-11-2003. Thus, for the year 2003-2004 the State Government had allowed to levy fees of Re.1 per hundred rupees of the purchase price. As per the definition given in section 2(f) of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971, "cotton season" means the period from the 1st day of July of any year to the 30th day of June of the next year (both days inclusive). As per the practice, the appellant was to start purchase of the cotton only after receiving direction from the State Government.

6. For the year 2004-2005 the State Government issued notification on 21-9-2005 and fixed the aforesaid fees as 50 paise per hundred rupees. The appellant paid the fees to the Market Committee Jalgaon at this rate for the year 2004-2005.

7. In the meeting dated 11-11-2004 the Market Committee Jalgaon had passed resolution to levy and recover the fees at the rate of Re.1 per hundred rupees in view of the previous notification of the ye