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1997 Supreme(All) 1508

S. R. SINGH, D. P. MOHAPATRA
VIJAY RICE MILL, RUDRAPUR, NAINITAL AND OTHERS – Appellant
Versus
STATE OF UTTAR PRADESHAND OTHERS – Respondent


Advocates Appeared:
B.D.Mandhyan, SUNIL AMBWANI

S. R. SINGH, J.

( 1 ) IN this batch of writ petition filed by the licensed Rice Millers, the main question that surfaces up for consideration by the Court, is as to whether the petitioners are liable, qua the Mandi samiti, to pay market fee on the transaction of sale of rice to the State Government under the provisions of clause 3 (1) of the U. P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985.

( 2 ) PETITIONERS, it is stated, make purchases of paddy for being husked into rice both from inside and outside the market area of Krishi Utpadan Mandl Samities of Rudrapur and Villaspur, but sizeable percentage of entire paddy, it is alleged, is lifted by them from outside the concerned market areas of Rudrapur and Vilaspur, it is stated in the petition that purchases of paddy from outside the market area of Mandi Samities of Rudrapur and Vilaspur take place in those areas and the petitioners pay market fee to the concerned Mandi Samitles on transaction of sale of paddy outside the market area of the aforesaid Mandi Samities and no market fee becomes payable on the rice manufactured out of the paddy purchased from outside the market areas of rudrapur and Vilaspur. It is their ca


















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