This order shall also govern disposal of W.P. No. 922 of 1995 Anjane Solvent India v. Krishi Upaj Mandi Samiti and others and W.P. No. 1671 of 1995 M/s. Laxmi Savant v. Krishi Upaj Mandi Samiti and others, as in all these petitions, common questions of law and facts are projected. Thus, all are being heard analogously and are beirg disposed of by a common order. Even otherwise, vide order dated 15.12.1999, and order dated 18.9.1996, passed respectively in W.P. No. 922 of 1995 and W.P. No. 1671 of 1995. they were directed to be heard along with this petition.

2. Even though, the question posed for consideration in the said petition appears to have been answered by series of judgments of this Court. as well as by the Apex Court, from time to time, with each one of them, could be dealing later, but still on account of obdurate attitude of respondent No.1-Krishi Upaj Mandi Samiti, the petitioners have been constrained to approach this Court again for redressal of their grievances, which, I propose to deal and answer the same accordingly.

3. For the sake of convenience, the facts as extracted in the aforesaid petition are taken into consideration which, in nutshell are as under:

(i) Petitioner No. I being a duly registered partnership Firm, is engaged in business of manufacturing oil from oil-seeds from its factory situated at Indore.

In the course of its business, it buys agricultural produce, i.e. groundnut for use in its factory as raw material for extraction of oil from it. The said seeds are purchased partly in the Mandi area of Indore, partly in other Mandi areas, situated within the State of M.P. and partly from place outside the State of M.P. This petition relates to claims of respondent No. I-Krishi Upaj Mandi for levy of market fee, on the quantity of agricultural produce purchased by the petitioner from outside State of M.P i.e. Challakeri (Karnataka).

(ii) Mandi Committee is authorised to levy market fee on agricultural produce brought for sale in the market yard by virtue of S 19 of the M.P Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter shall be referred to as 'Adhiniyam'). According to the petitioners, market Committee is entitled to levy market fee on the notified agricultural produce under three categories:-(i) Purchase of notified goods in the market area;

(ii) Sale of notified goods in the market area;

(iii) Bringing of notified goods in the market area for sale.

When the goods are brought in the market area, not for sale, but for self consumption in its own factory, from out of State of M.P., then, in that case, it would not attract levy of market fee, as no commercial activity of transaction is involved.

(iii-a) On 20.1.1995, petitioner No. 1purchased 10 tons of ground-nut from M/s Nayan Protiens Challakeri (Karnataka). The price thereof was paid at Challakeri. Invoice of this purchase has been filed as Annexure-B to the petition. The truck carrying the goods reached the border of the Mandi area, which was detained by the Officers of Respondent No. 1 and market fee was demanded. Even though petitioner tried to explain that the consignment has been bought for self use and not for sale, thus it would not be liable for any fee, but, they refused to accept the petitioner's plea and refused to allow the truck to proceed. unless fee was paid.

(iv) It was also submitted that High Court has granted stay in identical maners. thus, no market fee be charged but they refused to acceed to it. Thus, under such compelling circumstances, petitioner had to deposit Rs. 1,99000 being the market fee on 221.1995. Annexure-C is the receipt, issued by respondent No. 1 in this regard, with a note appended thereto that name was not found in the list of Mandi licence and the consignment was brought from out of State of M.P. thus Mandi fee was collected in cash.

(v) After payment of the Mandi fee, as mentioned above, the petitioners have approached this Court, challenging the manner, procedure and competence to levy market fee on such purchases