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1985 Supreme(Pat) 338

N.P.SINGH, YADUNATH SHARAN SINGH
Tata Oil Mills Co. Ltd. – Appellant
Versus
Director, Marketing, Bihar State Agricultural Marketing Board, Patna – Respondent


Advocates appeared:
For the petitioner: Messrs K.D. Chatterji, K.P. Ambastha, and Kali Das Chatterji.
For the Respondents: Messrs Ram Janam Ojha and K.P. Yadav.

JUDGMENT :

N. P. Singh, J. - The petitioner bas filed this writ application for quashing an ORDER :dated 18.5.1984 passed by the Director, Marketing, Bihar State Agricultural Marketing Board (hereinafter to be referred to as 'the Board') holding that the refined coconut oil is a vegetable oil, and, as such, an agricultural produce within the meaning of section 2(1)(a) of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter to be referred to as 'the Act').

2. It is the case of the petitioner that it manufactures crystal clear refined coconut oil for use as a hair oil which is sold in different markets of Bihar. It has been stated that since the year 1975 the petitioner had been receiving notice from the authorities of the respondent-Board directing the petitioner to get itself registered as a trader in accordance with the provisions of the Act in respect of coconut oil. The petitioner has resisted the said claim by saying that coconut oil was not an agricultural produce within the meaning of section 2(1)(a). According to the petitioner, unless coconut oil is held to be a vegetable oil it is not covered by any of the items mentioned in the Schedule of the Act. It was submitte














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