Ravi S.Dhavan, J.

1. The petitioners process and trade in tobacco.

2. The petitioners seek reliefs that a writ be issued and it be declared that the Market Committee, functioning under the Bihar Agricultural Produce Market Act, 1960 and the Bihar Agricultural Produce Market Rule, 1975 may not apply to the product they process and trade in, that is to say, tobacco of Zafrani Zarda All things considered, ultimately the controversy in these cases will not be able to avoid three cases of Supreme Court. These are :

1. 1996(9) SCC 681 : Sasa Musa Sugar Works and Ors. V/s. State of Bihar and others

2. 1999(9) SCC 620 : Belsand Sugar Co. Ltd. V/s. State of Bihar and ors. [1999 (3) PLJR (SC) 93].

3. 2000(6) SCC 264 : Edward Keventer Pvt. Ltd. V/s. Bihat State Agricultrual Marketing Board and ors.

3. The Court mentions this at the outset because any case which may have been cited by the respondents in their defence to counter the arguments of the petitioner are cases prior to cases decided by the Supreme Court.

4. The issue in the present petition is as to when the market fee became leviable on products known as "(Zarda), (Zafrani zarda vagairah).

5. This judgment may be taken as a sequel to the one to which the Court has given in the matter of CWJC No. 4432 of 1978 : M/s Prabhat Zarda Factory and others V/s. The State of Bihar and others, 1985 PLJR 531 decided on 9 April, 1985. The contention on behalf of the petitioner is that market fee would be attracted on these two items as from the date when the Schedule was amended. This is the Schedule to which reference has been made under Section 2(1)(a) of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act).

6. Section 2(1)(a) is relevant and, thus, it is reproduced:

Agriculture produce means all produce whether processed or non processed, manufactured or not, of Agriculture, Horticulture, Plantation, Animal Husbandry, Forest Sericulture, Pisciculture, and includes livestock or poultry as specified in the Schedule.

7. Thus, it will be seen that Agricultural produce has been defined to include all Agricultural produce whether processed, non processed, manufactured or not of agriculture and some aspects more as referred to in the definition. But the relevant aspect of it is that while an item may be agricultural produce, it will be such that for the purpose of the Act it is stipulated "as specified in the Schedule". The contention is that if the item is not referred to specifically as an entry in the Schedule, market fee would not be leviable. The petitioners accept that such are the decisions of the Supreme Court also.

8. Subjects as are dealt with in the Schedule are 12 in number. These are :

I. Cereals (1) Paddy,

(2) Rice,

(3) Wheat,

(4) Maize,

(5) Barley,

(6) [X X X],

(7) [X X X],

(8) [X X X],

(9) [X X X],

(10) [X X X],

(11) [X X X],

(12) [X X X],

(13) [X X X],

(14) Wheat Atta,

(15) Sujji,

(16) Maida,

(17) Chana Ka Sattu (Gram Sattu)

(18) [X X X],

(19) [X X X],

(20) Jai,

(21) [X X X],

(22) Chhati Jao,

(23) [X X X],

(24) Sabudana,

(25) [X X X],

II. Pulses (1) Gram,

(2) Arhar,

(3) Masur,

(4) Urad or Kalai,

(5) Khesari,

(6) Mung,

(7) Dry Peas (Matar or Kerao),

(8) Kurthi,

(9) Cowpea seed (dry),

III. Oilseeds (1) Mustard, Rape and Toria,

(2) Linseed,

(3) Castar Seed,

(4) Groundnut,

(5) Seasamum Seed,

(6) Niger Seed,

(7) Mahua Seed,

(8) Kusum Seed,

(9) Karanj,

(10) Cotton Seed

IV. Oils (1) All Vegetable Oils

V. Fruits (1) Aam,

(2) Kela,

(3) Lichi,

(4) Narangi,

(5) Nimbu,

(6) Angur,

(7) Pam Grenet,

(8) Tarbuj,

(9) Kathal,

(10) [X X X],

(11) Amrud,

(12) Nashpati,

(13) Sev,

(14) Custard Apple,

(15) Ananas,

(16) Chiranji Dana (Chilka sahit avam Chilka rahit),

(17) Lalmi,

(18) Bel,

(19) Mosammi,

(20) Singhara (Chilka sahit avam bina chilka ka, hara abam sukha)

(21) [X X X],

(22) Khira,

(23) Kakari

VI. Vegetable (1) Potato,

(2) Onion,

(3) Parwal,

(4) Bagan,

(5) Gord,

(6) Bhindi,

(7) Pumpkin,

(8) Tamatar,

(9) Gobhi,

(10) Patgobhi,

(11) Hari Chhemi,

(12) Sem,

(