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2010 Supreme(MP) 1043

S.K.GANGELE, S.S.DWIVEDI
Krishi Upaj Mandi Samiti – Appellant
Versus
Agro Solvent Products (P) Ltd. – Respondent


Advocates Appeared:
In W.A.No. 610 of 2007 : For appellants :S.P.Jain and Vivek Jain ; For respondent: Nandita Dubey ; In W.A.No. 541 of 2007 : For appellant :Smt. Nandita Dubey ; For respondent: S.P.Jain and Vivek Jain

JUDGMENT : 

S. K. GANGELE, J.

This Judgment shall also govern the disposal of W. A. No. 610/07 and W. A. No. 541/07.

2. Both the aforesaid writ appeals have been filed against the common order passed by the learned Single Judge in W. P. No. 3798/2005. The original petitioner-M/s Agro Solvent Product (P) Ltd. company has been incorporated under the provisions of Companies Act, 1956. It carries on manufacturing of edible oil in factory situated at Datia. The factory is situated within the market area notified under section 7 of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as the "Adhiniyam, 1972"). For the purpose of manufacture of oil named as sunflower oil, the company buys agricultural produce i.e. sunflower as raw material in its factory for extraction of oil from it. The company purchases the sunflower from the farmers of the State of Madhya Pradesh and outside of State of M.P. The Krishi Upaj Mandi Samiti, Datia levied the market fee on the petitioner-company in exercise of power under section 19 of the Adhiniyam, 1972. The company challenged the imposition of market fee by filing a writ petition before the Hon'ble High Court. It contended that the company

















































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