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1987 Supreme(Pat) 365

UDAY SINGH, B.N.AGRAWAL
Raptakos, Brett & Company Limited – Appellant
Versus
Bihar State Agricultural Marketing Board – Respondent


Advocates Appeared:
For the petitioner: M/s G.C. Bharuka, Navniti Pd. Singh, Ramesh Kr. Agrawal (in CWJC 1797/84); Dipankar P. Gupta, T. Dayal, S. Pal, J. Gupta, Subra Sanyal, R.N. Jhunjhunwala, Binod Kr. Bariar, Nilatpal Ganguli (in CWJC 3215/84); N.K. Agrawal S.K. Sorat (CWJC 4096/86); K.N. Jain, G.C. Bharuka. Navniti Pd. Singh (in CWJC 4133/86.)
For the respondents: M/s Chandra Shekhar, Ramjee Pd., Brajeshwar Mallick (in CWJC 1797/84); Ram Janam Ojha, Brajeshwar Mallick, Nilima Thakur (in CWJC 3215/84); Ram Janam Ojha, C.M.P. Singh, Brajeshwar Mallick (in CWJC 4096/86); Chandra Shekhar, Dinesh Singh Brajeshwar Mallick (in CWJC 4133/86).
For the State in all : M/s Krishnandan Prasad Singh, and Gopal Pd.

JUDGMENT

Uday Sinha, J.

These are four writ applications under Articles 226 and 227 of the Constitution. They will all be disposed of by this common judgment. In a nut shell the contention of the petitioners in each of these applications is that they are not liable to pay the market fee on their goods in terms of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter called 'the Act'). Since the widest sweep of the submissions was advanced in C.W.J.C. No. 1797 of 1984, I shall first consider the submissions advanced in that application.

2. C.W.J.C. No. 1797 of 1984 :

The petitioner in this application is an incorporated Company with its Registered Office at Bombay. It produces Baby food under trade name "Lactodex" and "Raptakos S.I.F. (Special Infant Food)". The factory is at Bombay. Its products are sold all over the country including this State. It has its Central Office at Patna. Being located outside Bihar, it naturally purchases its raw materials from outside Bihar and no purchase whatsoever of any commodity is made in this State. According to the petitioner, the ingredient or constituent of "Lactodex" and "Raptakos S.I.F." are as follows:

LACTODEX

Per 100 ml. when reconstit






























































































































































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