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2007 Supreme(All) 543

SHISHIR KUMAR, R.P.MISRA
NAV BHARAT EXPORTS – Appellant
Versus
STATE OF U. P. – Respondent


R. P. MISRA, SHISHIR KUMAR, J.


( 1 ) 1. The petitioner has approached this Court for quashing the order dated 22. 10. 2001 (Annexure 12 to the writ petition) and similar orders to other mandi Samiti in the State of Uttar Pradesh. Further a writ in the nature of mandamus commanding the respondents not to seek repayment of Mandi fee and cess for the year 1995-96 to 1998-99 from the petitioner.

( 2 ) THE facts arising out of the present writ petition are that the petitioner is involved in purchasing the paddy from different Mandies in the State of uttar Pradesh and manufacturing Basmati Rice and exporting it to different countries. The State Government in order to give incentive to the millers and exporters to export rice outside the country, formed an Export promotion Policy and provided certain reliefs to the millers and exporters from the year 1995-96. Under the aforesaid policy, if a miller purchased paddy from Krishi Utpadan Mandi Samiti in the State of Uttar Pradesh and manufactured rice and exported the same to countries outside India, such a miller and exporters shall not be liable to pay any Mandi Fees on the paddy purchased by it or on the rice exported outside the country a

















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