S.S.SANDHAWALIA, J.V.GUPTA
Walaiti Ram Mahabir Parshad – Appellant
Versus
State Of Punjab – Respondent
S.S.SANDHAWALIA, J.
1. The the constitutional validity of Section 23-A recently inserted in the principal Act by the Punjab Agricultural Produce Markets (Amendment) Act 1981 (Punjab Act No. 7 of 1981) is the primary and indeed the core question in this set of fifteen cases which stand admitted to a hearing by the Division Bench.
2. The issues arising herein cannot be well appraised without reference to their somewhat tortuous legal background. Way back in 1961 the Punjab Agricultural Produce Markets Act (hereinafter called the Act) was originally promulgated and Section 23 thereof authorised the Market Committees to levy ad valorem fee on agricultural produce bought sold by a licensee in the notified Market area at rate not exceeding Rupee 0.50.00 paise for every hundred pees. This scale of fee was retained till 1969 whereafter by Punjab Act No.25 1969 it was raised to Re. 1.00 per hundred and later by Punjab Act No. 17 of 1973 it was further escalated to Rupees.-s 1.50 per hundred and further by Punjab Act No. 13 of 1974 the fee was raised from Rs. 1.50 to Rs. 2.25 per hundred. This enhancement was challenged in this Court in M/s. Hanuman Dall and General Mills, Hissar V/s
Ashoka Marketing Ltd. V/s. State Of Bihar
Kewal Krishan Puri V/s. State Of Punjab
M:s. Shiv Shanker Dal Mills V/s. State Of Haryana
R.S. Joshi V/s. Ajit Mills Ltd.
State Of Orissa V/s. Bhupindra Kumar
The Newabganj Sugar Mills Co. Ltd. V/s. Union Of India
M:s. Hanuman Dall And General Mills, Hissar V/s. State Of Haryana
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