J.P. Bajpai, J.

This short point involved in this revision relates to the question of jurisdiction of the Civil Court to entertain the suit as framed and based on the allegations as made in the plaint claiming refund of certain amount already paid towards market fees by contending that the said amount towards market fees was illegally recovered and, therefore, was liable to be refunded and that the defendant-Krishi Upaj Mandi Samiti be restrained by a permanent injunction from recovering in future market fees on the agricultural produce purchased outside the Mandi areas and imported by the plaintiff inside the Mandi area for the purposes of consumption in manufacture of edible oil.

The defendant Krishi Upaj Mandi Samiti raised a preliminary objection to the maintainability of such a suit by contending that in view of" section 61 of M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'the Adhiniyam', the jurisdiction of the Civil Court was excluded and that the levy of market fees could not be challenged before the Civil-Court on the allegation as made in the plaint. The argument put-forth was that since section 61 provides a special machinery for adjudication of d