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1980 Supreme(MP) 220

G.P.SINGH, B.C.VARMA
SAJJAN MILLS LIMITED, RATLAM – Appellant
Versus
KRISHI UPAJ MANDI SAMITI, RATLAM – Respondent


Advocates Appeared:
A.K.CHITALE, L.S.BAGHEL, Y.S.DHARMADHIKARI

B. C. VARMA, J.

( 1 ) THE petitioner is a company engaged in the business of sale and manufacture of textiles. It has textile mills at Dhamnod Road. Ratlam, within the market area of Krishi Upaj Mandi, Ratlam (respondent No. 1), established under the madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter called the act), For the purpose of manufacture of textiles, the petitioner purchases unginned cotton from agriculturists. This cotton is then ginned, pressed and spinned and is then finally converted into finished product, viz. , the cloth. All this process is undertaken by the petitioner in the Mills. The cloth is then marketed through dealers. 'cotton' is one of the commodities included in the schedule to the Act and is admittedly an 'agricultural produce' within the meaning of term as defined under Section 2 (1) (a) as meaning all produce whether processed or not, of agriculture, horticulture, animal husbandry, apiculture, pisciculture, or forest. The petitioner has obtained a licence under section 32 of the Act. The respondent No. 1 has levied and charged market fee for purchase of cotton from the petitioner. The rate of market fee so charged is at 0. 50 per one hundred

















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