R.B.MISRA, A.P.SEN, E.S.VENKATARAMIAH
Sreenivasa General Traders: Uppalapeda Venkataramiah: Coromandal Agro Product And Oil LTD. – Appellant
Versus
State Of A. P. : Dadi Venkataramjah: Agricultural Market Committee, Chirala – Respondent
Judgment
SEN, J.:- These petitions under Article 32 of the Constitution principally lay a challenge to the constitutional validity of the increase in the rate of market. fee levied by the market committees in the State of Andhra Pradesh under sub-s. (1) of Section 12 of the Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966 (Act for short) from 50 paisa to rupee one on every one hundred rupees of the aggregate amount for which the notified agricultural produce, livestock or products of livestock are purchased or sold in their respective notified market areas on the ground that there was no quid pro quo i.e. there was no correlation between the increase in the rate of market fee and the service rendered.
2. There are also certain subsidiary questions raised in these petitions viz.: (1) The constitutional validity of sub-section (6) of Section 7 of the Act which prohibits the carrying on of any transaction of purchase or sale of notified agricultural produce, livestock or products of livestock in a notified market area or outside the market in that area as violative of Art. 19(l)(g) of the Constitution. (2) As to the power of the market committees to levy market fee un
followed : M.C.V.S. Arunadhala Nadar v. State of Madras
relied on : Mohammad Hussain Gulam Mohammad v. State of Bombay
Mohammadbhai Khudabux Chhipa v. State of Gujarat
H.H. Sudhundra Thirtha Swamiar v. Commissioner for Hindu Religious and Charitable Endowments, Mysore
Hingir-Rampur Coal Co. Ltd. v. State of orissa
Southern Pharmaceuticals and Chemicals, Trichur v. State of Kerala
Ram Chandra Kailash Kumar and Co. v. State of U.P.
distinguished and limited : Kewal Krishan Puri v. State of Punjab
explained and distinguished : Kewal Krishan Puri v. State of Punjab
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