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2014 Supreme(Online)(UK) 3

HIGH COURT OF UTTARAKHAND
M/s. Century Pulp And Paper – Appellant
Versus
State Of Uttarakhand AND ANOTHER – Respondent


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 w

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