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2003 Supreme(Pat) 885

AFTAB ALAM
Adarsh Rice Mill – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. The petitioners sold certain quantities of Rice (Petitioner No. 1,11,695.79 quintals, Petitioner No. 2,7193.57 quintals and Petitioner No. 3,7072.22 quintals) to the Food Corporation of India in the year 1997-98 @ Rs. 708.20 paise per quintal. It is not denied that though market fee was leviable on the sales of rice by the petitioners, the amounts of fee were not paid to the Agriculture Produce Market Committee, Natwar, Rohtas within whose area the sales took place. The Market Committee has now passed the assessment order, dated 27-3-2000 (Annexure-2) demanding from the three petitioners the market fees payable on the sales of rice made by them.

2. This writ petition is filed challenging the demand. The petitioners challenge the demand not on the ground that no market fee was leviable on the sales in question but on the plea that the fee demanded by the Market Committee was not payable by them. On behalf of the petitioners it is submitted that under the relevant provisions of the Agricultural Produce Markets Act, 1960 the liability to pay market fee lies with the buyer and normally, the petitioners would have collected the amounts of market fee from the Co





































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