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2002 Supreme(All) 1164

RAKESH TIWARI
KRISHI UTPADAN MANDI SAMITI – Appellant
Versus
OM PRAKASH – Respondent


Advocates Appeared:
B.D.Mandhyan, N.C.RAJVANSHI, R.K.JAIN

RAKESH TIWARI, J.

( 1 ) HEARD the learned counsel for the parties and perused the records.

( 2 ) THE second appeal arises out of the judgment and decree passed by the 1st Additional Civil judge, Meerut, dated 17. 8. 1987 by which the suit filed by the plaintiffs for injunction has been decreed. Suit was filed alleging that the plaintiffs were exclusively dealing in manufacturing and selling of buggies (bullock-carts), curries, windows, etc. manufactured from wood, which are not agricultural produce within the meaning of Section 2 (a) of the U. P. Krishi Utpadan Mandi adhiniyam. 1964, but the Mandi Samiti has been trying to bring them as traders of wood. Mandi samiti, Baraut, earlier issued notices for taking licence by the traders for doing business and sale in manufactured items within the market yard of Baraut, which went upto the Supreme Court. Ultimately, the said case was decided by the Apex Court in which it was held that Mandi Samiti was justified in imposing licence fee on traders during transactions of wood if brought to market area after cutting from forest but no market fee can be charged on furniture or other goods after they are manufactured from such wood. In the same






























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