JUDGMENT :

BIBEK CHAUDHURI, J.

1. The Secretary of the Timber Merchants Association, Siliguri has filed the instant writ petition to adjudicate the issue as to whether the members of the Association after purchasing forest produce through e-auction conducted by the West Bengal Forest Development Corporation Limited in respect of reserved or protected forest depots are under obligation to pay fees under the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 while transporting the forest produce/timbers from the forest depots to their saw mills, retail outlets, place of business etc.

2. Suffice to mention here that the members of the Timber Merchants Association purchased timbers through e-auction conducted by the West Bengal Forest Development Corporation Limited. At the time of purchase, they required to pay the cost of the timber and applicable taxes and fees to the WBFDCM. While transporting such timbers to their respective saw mills or places of business, the respondent authorities are claiming fees under the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

3. It is contended on behalf of the petitioner that such collection of levy of market fees on