M/s. Century Pulp And Paper vs State Of Uttarakhand AND ANOTHER

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(UK) 3

Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
1. WRIT PETITION NO. 847 (MS) OF 2013 M/s Century Pulp and Paper ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
2. WRIT PETITION NO. 1982 (MS) OF 2013 Greenply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
3. WRIT PETITION NO.1983 (MS) OF 2013 Archidply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
4. WRIT PETITION NO.1984 (MS) OF 2013 Shirdi Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
5. WRIT PETITION NO. 1985 (MS) OF 2013 M/s Balaji Action Buildwell …….Petitioner Versus State of Uttarakhand & another ….…Respondents With
6. WRIT PETITION NO. 1986 (MS) OF 2013 M/s Rama Panels Pvt. Ltd. ………….Petitioner Versus State of Uttarakhand & another ……Respondents Present Mr. Pankaj Kumar Singh, Advocate with Mr. P.P. Phartiyal, Advocate, present for the petitioners in all above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
7. WRIT PETITION NO.1532 (MS) OF 2013 M/s Chandra Roller Flour Mills ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
8. WRIT PETITION NO. 523 (MS) OF 2013 M/s Alps Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
9. WRIT PETITION NO. 720 (MS) OF 2013 M/s Uttaranchal Agro Foods ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
10. WRIT PETITION NO. 721 (MS) OF 2013 M/s Uttaranchal Roller Floor ………….Petitioner Versus State of Uttarakhand & another ….…Respondents With
11. WRIT PETITION NO. 722 (MS) OF 2013 M/s Raghav Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
12. WRIT PETITION NO.723 (MS) OF 2013 M/s Ram Sons Agro Industries …….Petitioner Versus State of Uttarakhand & another ……Respondents With
13. WRIT PETITION NO.724 (MS) OF 2013 M/s Ram Ganga Roller Floor …….Petitioner Versus State of Uttarakhand & another …Respondents With
14. WRIT PETITION NO. 1533 (MS) OF 2013 M/s Ravindra Flour Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
15. WRIT PETITION NO.1553 (MS) OF 2013 M/s Maa Uma Agri Food Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another …Respondents With
16. WRIT PETITION NO. 1563 (MS) OF 2013 M/s Yadav Food Ltd. ………….Petitioner Versus State of Uttarakhand & another …Respondents With
17. WRIT PETITION NO. 1559 (MS) OF 2013 M/s Shiv Shakti Process Food ….Petitioner Versus State of Uttarakhand & another …Respondents With
18. WRIT PETITION NO.1566 (MS) OF 2013 M/s M.R.Pagiya Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
19. WRIT PETITION NO.1564 (MS) OF 2013 M/s Guru Nanak Roller Flour ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
20. WRIT PETITION NO. 1730 (MS) OF 2013 M/s Hari Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
21. WRIT PETITION NO.1731 (MS) OF 2013 M/s Dhanveer Food Products …….Petitioner Versus State of Uttarakhand & another ……Respondents With
22. WRIT PETITION NO. 1729 (MS) OF 2013 M/s Shri Khatu Naresh Floor Mills ….Petitioner Versus State of Uttarakhand & another ……Respondents With
23. WRIT PETITION NO. 1671 (MS) OF 2013 M/s Swastic Aahar Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
24. WRIT PETITION NO. 1726 (MS) OF 2013 M/s R.K. Agarwal Industries ……….Petitioner Versus State of Uttarakhand & another …Respondents With
25. WRIT PETITION NO. 1653 (MS) OF 2013 M/s Golden Wheat & Alled Mills(P) Ltd. ..…….Petitioner Versus State of Uttarakhand & another ……Respondents With
26. WRIT PETITION NO. 1700 (MS) OF 2013 M/s Om Industries …..….Petitioner Versus State of Uttarakhand & another …….…Respondents With
27. WRIT PETITION NO. 1732 (MS) OF 2013 M/s Shyamji Flour Mills …….Petitioner Versus State of Uttarakhand & another …..…Respondents With
28. WRIT PETITION NO.1670 (MS) OF 2013 M/s Dwarika Roller Flour Mill ……….Petitioner Versus State of Uttarakhand & another ….Respondents With
29. WRIT PETITION NO. 1728 (MS) OF 2013 M/s R.S. Roller Flour Mill ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
30. WRIT PETITION NO. 1778 (MS) OF 2013 Uttaranchal Roller Flour Mills Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another ……Respondents With
31. WRIT PETITION NO. 1833 (MS) OF 2013 M/s Agarwal Food Products ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
32. WRIT PETITION NO. 2034 (MS) OF 2013 M/s Bansal Industries ………….Petitioner Versus State of Uttarakhand & another …..…Respondents With
33. WRIT PETITION NO. 2172 (MS) OF 2013 M/s Shankar Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
34. WRIT PETITION NO. 103 (MS) OF 2013 M/s Ganga Ram Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents
Present
Mr. Manish Arora, Mr. Ramji Srivastava, Rahul Sripat & Mr. T.P.S. Takuli,
Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma and Mr.N.S. Pundir, Advocates, present for the Mandi Samiti/respondent no.2.
35. WRIT PETITION NO. 1713 (MS) OF 2013 The Malt Company (India) Pvt. Ltd. & another ………….Petitioners Versus State of Uttarakhand & another ………Respondents With
36. WRIT PETITION NO. 822 (MS) OF 2013 M/s Gujarat Ambuja Exports Ltd. & another ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
37. WRIT PETITION NO. 823 (MS) OF 2013 Sabmiller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
38. WRIT PETITION NO. 824 (MS) OF 2013 M/s Riddhi Siddhi Corn Processing Pvt. Ltd. …Petitioner Versus State of Uttarakhand & another ………Respondents With
39. WRIT PETITION NO. 1714 (MS) OF 2013 PMV Malting Private Limited & another ….Petitioner Versus State of Uttarakhand & another ………Respondents With
40. WRIT PETITION NO. 1715 (MS) OF 2013 United Breweries Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
41. WRIT PETITION NO. 1716 (MS) OF 2013 M/s Sab Miller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Ramesh Singh, Mr.H.M. Bhatia, Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
42. WRIT PETITION NO.1828 (MS) OF 2013 M/s Jindal Refineries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Manish Arora, Advocate, present for the petitioner.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
Hon’ble Sudhanshu Dhulia, J.
Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
1. WRIT PETITION NO. 847 (MS) OF 2013 M/s Century Pulp and Paper ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
2. WRIT PETITION NO. 1982 (MS) OF 2013 Greenply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
3. WRIT PETITION NO.1983 (MS) OF 2013 Archidply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
4. WRIT PETITION NO.1984 (MS) OF 2013 Shirdi Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
5. WRIT PETITION NO. 1985 (MS) OF 2013 M/s Balaji Action Buildwell …….Petitioner Versus State of Uttarakhand & another ….…Respondents With
6. WRIT PETITION NO. 1986 (MS) OF 2013 M/s Rama Panels Pvt. Ltd. ………….Petitioner Versus State of Uttarakhand & another ……Respondents Present Mr. Pankaj Kumar Singh, Advocate with Mr. P.P. Phartiyal, Advocate, present for the petitioners in all above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
7. WRIT PETITION NO.1532 (MS) OF 2013 M/s Chandra Roller Flour Mills ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
8. WRIT PETITION NO. 523 (MS) OF 2013 M/s Alps Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
9. WRIT PETITION NO. 720 (MS) OF 2013 M/s Uttaranchal Agro Foods ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
10. WRIT PETITION NO. 721 (MS) OF 2013 M/s Uttaranchal Roller Floor ………….Petitioner Versus State of Uttarakhand & another ….…Respondents With
11. WRIT PETITION NO. 722 (MS) OF 2013 M/s Raghav Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
12. WRIT PETITION NO.723 (MS) OF 2013 M/s Ram Sons Agro Industries …….Petitioner Versus State of Uttarakhand & another ……Respondents With
13. WRIT PETITION NO.724 (MS) OF 2013 M/s Ram Ganga Roller Floor …….Petitioner Versus State of Uttarakhand & another …Respondents With
14. WRIT PETITION NO. 1533 (MS) OF 2013 M/s Ravindra Flour Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
15. WRIT PETITION NO.1553 (MS) OF 2013 M/s Maa Uma Agri Food Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another …Respondents With
16. WRIT PETITION NO. 1563 (MS) OF 2013 M/s Yadav Food Ltd. ………….Petitioner Versus State of Uttarakhand & another …Respondents With
17. WRIT PETITION NO. 1559 (MS) OF 2013 M/s Shiv Shakti Process Food ….Petitioner Versus State of Uttarakhand & another …Respondents With
18. WRIT PETITION NO.1566 (MS) OF 2013 M/s M.R.Pagiya Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
19. WRIT PETITION NO.1564 (MS) OF 2013 M/s Guru Nanak Roller Flour ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
20. WRIT PETITION NO. 1730 (MS) OF 2013 M/s Hari Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
21. WRIT PETITION NO.1731 (MS) OF 2013 M/s Dhanveer Food Products …….Petitioner Versus State of Uttarakhand & another ……Respondents With
22. WRIT PETITION NO. 1729 (MS) OF 2013 M/s Shri Khatu Naresh Floor Mills ….Petitioner Versus State of Uttarakhand & another ……Respondents With
23. WRIT PETITION NO. 1671 (MS) OF 2013 M/s Swastic Aahar Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
24. WRIT PETITION NO. 1726 (MS) OF 2013 M/s R.K. Agarwal Industries ……….Petitioner Versus State of Uttarakhand & another …Respondents With
25. WRIT PETITION NO. 1653 (MS) OF 2013 M/s Golden Wheat & Alled Mills(P) Ltd. ..…….Petitioner Versus State of Uttarakhand & another ……Respondents With
26. WRIT PETITION NO. 1700 (MS) OF 2013 M/s Om Industries …..….Petitioner Versus State of Uttarakhand & another …….…Respondents With
27. WRIT PETITION NO. 1732 (MS) OF 2013 M/s Shyamji Flour Mills …….Petitioner Versus State of Uttarakhand & another …..…Respondents With
28. WRIT PETITION NO.1670 (MS) OF 2013 M/s Dwarika Roller Flour Mill ……….Petitioner Versus State of Uttarakhand & another ….Respondents With
29. WRIT PETITION NO. 1728 (MS) OF 2013 M/s R.S. Roller Flour Mill ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
30. WRIT PETITION NO. 1778 (MS) OF 2013 Uttaranchal Roller Flour Mills Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another ……Respondents With
31. WRIT PETITION NO. 1833 (MS) OF 2013 M/s Agarwal Food Products ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
32. WRIT PETITION NO. 2034 (MS) OF 2013 M/s Bansal Industries ………….Petitioner Versus State of Uttarakhand & another …..…Respondents With
33. WRIT PETITION NO. 2172 (MS) OF 2013 M/s Shankar Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
34. WRIT PETITION NO. 103 (MS) OF 2013 M/s Ganga Ram Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents
Present
Mr. Manish Arora, Mr. Ramji Srivastava, Rahul Sripat & Mr. T.P.S. Takuli,
Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma and Mr.N.S. Pundir, Advocates, present for the Mandi Samiti/respondent no.2.
35. WRIT PETITION NO. 1713 (MS) OF 2013 The Malt Company (India) Pvt. Ltd. & another ………….Petitioners Versus State of Uttarakhand & another ………Respondents With
36. WRIT PETITION NO. 822 (MS) OF 2013 M/s Gujarat Ambuja Exports Ltd. & another ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
37. WRIT PETITION NO. 823 (MS) OF 2013 Sabmiller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
38. WRIT PETITION NO. 824 (MS) OF 2013 M/s Riddhi Siddhi Corn Processing Pvt. Ltd. …Petitioner Versus State of Uttarakhand & another ………Respondents With
39. WRIT PETITION NO. 1714 (MS) OF 2013 PMV Malting Private Limited & another ….Petitioner Versus State of Uttarakhand & another ………Respondents With
40. WRIT PETITION NO. 1715 (MS) OF 2013 United Breweries Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
41. WRIT PETITION NO. 1716 (MS) OF 2013 M/s Sab Miller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Ramesh Singh, Mr.H.M. Bhatia, Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
42. WRIT PETITION NO.1828 (MS) OF 2013 M/s Jindal Refineries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Manish Arora, Advocate, present for the petitioner.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
Hon’ble Sudhanshu Dhulia, J.
Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
1. WRIT PETITION NO. 847 (MS) OF 2013 M/s Century Pulp and Paper ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
2. WRIT PETITION NO. 1982 (MS) OF 2013 Greenply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
3. WRIT PETITION NO.1983 (MS) OF 2013 Archidply Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
4. WRIT PETITION NO.1984 (MS) OF 2013 Shirdi Industries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
5. WRIT PETITION NO. 1985 (MS) OF 2013 M/s Balaji Action Buildwell …….Petitioner Versus State of Uttarakhand & another ….…Respondents With
6. WRIT PETITION NO. 1986 (MS) OF 2013 M/s Rama Panels Pvt. Ltd. ………….Petitioner Versus State of Uttarakhand & another ……Respondents Present Mr. Pankaj Kumar Singh, Advocate with Mr. P.P. Phartiyal, Advocate, present for the petitioners in all above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
7. WRIT PETITION NO.1532 (MS) OF 2013 M/s Chandra Roller Flour Mills ………….Petitioner Versus State of Uttarakhand & another …………Respondents With
8. WRIT PETITION NO. 523 (MS) OF 2013 M/s Alps Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
9. WRIT PETITION NO. 720 (MS) OF 2013 M/s Uttaranchal Agro Foods ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
10. WRIT PETITION NO. 721 (MS) OF 2013 M/s Uttaranchal Roller Floor ………….Petitioner Versus State of Uttarakhand & another ….…Respondents With
11. WRIT PETITION NO. 722 (MS) OF 2013 M/s Raghav Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
12. WRIT PETITION NO.723 (MS) OF 2013 M/s Ram Sons Agro Industries …….Petitioner Versus State of Uttarakhand & another ……Respondents With
13. WRIT PETITION NO.724 (MS) OF 2013 M/s Ram Ganga Roller Floor …….Petitioner Versus State of Uttarakhand & another …Respondents With
14. WRIT PETITION NO. 1533 (MS) OF 2013 M/s Ravindra Flour Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
15. WRIT PETITION NO.1553 (MS) OF 2013 M/s Maa Uma Agri Food Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another …Respondents With
16. WRIT PETITION NO. 1563 (MS) OF 2013 M/s Yadav Food Ltd. ………….Petitioner Versus State of Uttarakhand & another …Respondents With
17. WRIT PETITION NO. 1559 (MS) OF 2013 M/s Shiv Shakti Process Food ….Petitioner Versus State of Uttarakhand & another …Respondents With
18. WRIT PETITION NO.1566 (MS) OF 2013 M/s M.R.Pagiya Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
19. WRIT PETITION NO.1564 (MS) OF 2013 M/s Guru Nanak Roller Flour ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
20. WRIT PETITION NO. 1730 (MS) OF 2013 M/s Hari Flour Mills ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
21. WRIT PETITION NO.1731 (MS) OF 2013 M/s Dhanveer Food Products …….Petitioner Versus State of Uttarakhand & another ……Respondents With
22. WRIT PETITION NO. 1729 (MS) OF 2013 M/s Shri Khatu Naresh Floor Mills ….Petitioner Versus State of Uttarakhand & another ……Respondents With
23. WRIT PETITION NO. 1671 (MS) OF 2013 M/s Swastic Aahar Mills …….Petitioner Versus State of Uttarakhand & another …Respondents With
24. WRIT PETITION NO. 1726 (MS) OF 2013 M/s R.K. Agarwal Industries ……….Petitioner Versus State of Uttarakhand & another …Respondents With
25. WRIT PETITION NO. 1653 (MS) OF 2013 M/s Golden Wheat & Alled Mills(P) Ltd. ..…….Petitioner Versus State of Uttarakhand & another ……Respondents With
26. WRIT PETITION NO. 1700 (MS) OF 2013 M/s Om Industries …..….Petitioner Versus State of Uttarakhand & another …….…Respondents With
27. WRIT PETITION NO. 1732 (MS) OF 2013 M/s Shyamji Flour Mills …….Petitioner Versus State of Uttarakhand & another …..…Respondents With
28. WRIT PETITION NO.1670 (MS) OF 2013 M/s Dwarika Roller Flour Mill ……….Petitioner Versus State of Uttarakhand & another ….Respondents With
29. WRIT PETITION NO. 1728 (MS) OF 2013 M/s R.S. Roller Flour Mill ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
30. WRIT PETITION NO. 1778 (MS) OF 2013 Uttaranchal Roller Flour Mills Pvt. Ltd. …….Petitioner Versus State of Uttarakhand & another ……Respondents With
31. WRIT PETITION NO. 1833 (MS) OF 2013 M/s Agarwal Food Products ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
32. WRIT PETITION NO. 2034 (MS) OF 2013 M/s Bansal Industries ………….Petitioner Versus State of Uttarakhand & another …..…Respondents With
33. WRIT PETITION NO. 2172 (MS) OF 2013 M/s Shankar Industries ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
34. WRIT PETITION NO. 103 (MS) OF 2013 M/s Ganga Ram Industries ………….Petitioner Versus State of Uttarakhand & another ……Respondents
Present
Mr. Manish Arora, Mr. Ramji Srivastava, Rahul Sripat & Mr. T.P.S. Takuli,
Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma and Mr.N.S. Pundir, Advocates, present for the Mandi Samiti/respondent no.2.
35. WRIT PETITION NO. 1713 (MS) OF 2013 The Malt Company (India) Pvt. Ltd. & another ………….Petitioners Versus State of Uttarakhand & another ………Respondents With
36. WRIT PETITION NO. 822 (MS) OF 2013 M/s Gujarat Ambuja Exports Ltd. & another ………….Petitioner Versus State of Uttarakhand & another ……Respondents With
37. WRIT PETITION NO. 823 (MS) OF 2013 Sabmiller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
38. WRIT PETITION NO. 824 (MS) OF 2013 M/s Riddhi Siddhi Corn Processing Pvt. Ltd. …Petitioner Versus State of Uttarakhand & another ………Respondents With
39. WRIT PETITION NO. 1714 (MS) OF 2013 PMV Malting Private Limited & another ….Petitioner Versus State of Uttarakhand & another ………Respondents With
40. WRIT PETITION NO. 1715 (MS) OF 2013 United Breweries Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents With
41. WRIT PETITION NO. 1716 (MS) OF 2013 M/s Sab Miller India Limited ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Ramesh Singh, Mr.H.M. Bhatia, Advocates, present for the petitioners in above writ petitions.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
42. WRIT PETITION NO.1828 (MS) OF 2013 M/s Jindal Refineries Ltd. ………….Petitioner Versus State of Uttarakhand & another ………Respondents Present Mr. Manish Arora, Advocate, present for the petitioner.
Mr. A.S. Rawat, learned Deputy Advocate General with Mr. Paresh Tripathi, Addl. Chief Standing and Mr. K.P. Upadhyay, learned Chief Standing Counsel, present for the State of Uttarakhand.
Mr. J.C. Belwal, Advocate with Mr. Vipul Sharma, Advocate, present for the Mandi Samiti/respondent no.2.
Hon’ble Sudhanshu Dhulia, J.

Advocates:
['PANKAJ KUMAR SINGH', '', 'PREM PRAKAS PHARTIYAL', 'C S C']

1. In this bunch of writ petitions, the petitioners have challenged the validity of an amendment in the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 (from herein after referred to as “the Act”) by which now a “Mandi fee” or a “Market Fee” as well as “Development cess” is liable to be paid on agricultural produces which are brought for the first time in the market area, inter alia, for the purposes of “manufacturing”. The concerned Amendment is Act No. 04 of 2013. This challenge is on a number of grounds, which will be dealt with in a while, but as of now a brief history of the case would be in order.

2. Market legislation was enacted in almost all the states in the country, with the purposes that the farmers should get a good return for their agricultural produce in the market and better facilities be provided to the farmers who bring their produce in the market, and that they may not be exploited by middlemen. It was a farmer friendly Legislation. At the time when the State of Uttarakhand was the part of the State of U.P., the law which was in force was known as “U.P. Krishi Utpadan Adhiniyam, 1964”. Later on, when the new State of Uttarakhand was carved out of the State of U.P. and came into existence on 9^th November 2000, by an Act of Parliament (U.P. Reorganization Act), and consequently the State of Uttarakhand enacted its own legislation known as “the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011”. In the new legislation of Uttarakhand, there was a new provision added to Section 27 of the Act, namely sub Section (c) (iii), which reads as under:-

“(iii) any such agricultural produce, which reaches any Market area of the State for sale, storage, processing or transaction from any other State or out of Country for the first time it shall be registered as “First Arrival” and on such produce, Market fee and Development cess shall be payable;”

3. By the aforesaid legislation, if an agricultural produce is brought in the market area “for the first time”, inter alia, “for sale, storage, processing or transaction” a “Market fee” and “Development cess” was liable to be given on such agriculture produce to the Mandi Samiti.

4. This provision was challenged before this Court in an earlier round of litigation, in a bunch of writ petitions which for reasons of convenience will be referred here as the “first case”. The challenge was two fold. Firstly, on legislative competence and secondly that in any case the agricultural produce is being brought in the market area by the petitioners for “manufacturing” and the charging provision did not contemplate payment of “Market Fee” if the produce is brought for the purpose of “manufacture”!

5. The first contention was negated by this Court (on legislative competence), but as far as the second contention was concerned, this Court was of the opinion that in majority of the cases, which were there before this Court, the agricultural produce was being brought for “manufacturing” and since the word “manufacture” was not there in the charging Section 27 (c) (iii) of the Act, no “Mandi Fee” of “Market Fee”, was liable to be paid on such “agricultural produce”.

6. This provision has now been amended and the word “manufacture” has also been added in Section 27 (iii) of the Act, with retrospective effect.

7. Now the said amendment has been challenged by the petitioners in the present bunch of writ petitions. This time the challenge is again on legislative competence, apart from other challenges. This Court will deal with each of these challenges one by one. Each of the petitioners claim that the agricultural produce which they have brought to the market area for the first time is for the purposes of manufacturing. There is no serious dispute that the agricultural produce is being brought in the market area for the purpose other than manufacturing.

8. The first challenge is on legislative competence. The petitioners would argue that the imp

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