Krishi Upaj Mandi Samiti Dewas vs Premier Industries India
2023 Latest Caselaw 13810 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                   CHIEF JUSTICE
                                                         &
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 23 rd OF AUGUST, 2023
                                                WRIT APPEAL No. 734 of 2006

                           BETWEEN:-
                           1.    KRISHI UPAJ MANDI SAMITI DEWAS, DEWAS
                                 (MADHYA PRADESH)

                           2.    SECRETARY KRISHI UPAJ MANDI SAMITI DEWAS
                                 (MADHYA PRADESH)

                                                                                         .....APPELLANTS
                           (BY SHRI ANENDRA SINGH PARIHAR - ADVOCATE)

                           AND
                           PREMIER INDUSTRIES INDIA 107,CHETAK CENTRE,
                           INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (NONE FOR RESPONDENT THOUGH SERVED)

                                 Th is appeal coming on for hearing this day, Hon'ble Shri Justice

                           Ravi Malimath, Chief Justice passed the following:
                                                              ORDER

Aggrieved by the order dated 5.7.1999 passed by learned Single Judge in allowing the Miscellaneous Petition No.165 of 1990 (M/s Vishwa Oil Products Ltd. and another vs. Krishi Upaj Mandi and another) while holding that the respondent therein is not entitled to levy and collect market fee on seeds which are brought from outside of the State which are neither sold nor purchased within the market area and thereafter directing the settlement of accounts, the Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 26-08-2023 12:24:26

respondent-Krishi Upaj Mandi Samiti has filed this appeal.

2. The case of the appellants is that the learned Single Judge committed an error in passing the impugned order. That respondent herein is a manufacturer as well as processor of oil seeds and oils, which include soyabean, repeseed, a n d sunflower seeds etc. Considerable quantity of these oil seeds were purchased by the petitioner from various other States like Rajasthan, Gujarat and Andhra Pradesh etc. They were imported in the State of Madhya Pradesh to the petitioner's plant at Dewas. The oil seeds were processed and oil and de- oiled cakes were manufactured.

3. The contention of the respondent herein was that under Section 19 of the

M.P. Krishi Upaj Mandi Adhiniyam, 1972, the Mandi cannot recover the market fees on the agricultural produce brought by the petitioner from outside the State of Madhya Pradesh.

4. However, the learned Single Judge while considering the case of the petitioner relied on the earlier judgment of the Hon'ble Supreme Court in the case of Administrator, Krishi Upaj Mandi, Chhindwara vs. Tilakraj Juneja and others reported in 1995 JLJ 701. The said judgment was also followed by the Division Bench of this Court in the case of Dhanrajmal Gulrajmal Vs. Krishi Upaj Mandi Samiti, Rewa reported in 1980(II) MPWN 1.

5. On considering the contentions, we do not find any reason to take a different view. The judgments relied on by the learned Single Judge are directly on the point to the effect of whether market fee could be charged on produces brought from outside the State of Madhya Pradesh. The same having been answered, we find no good ground to entertain the appeal. Hence, the appeal is dismissed.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 26-08-2023 12:24:26

(RAVI MALIMATH) (ANIL VERMA) CHIEF JUSTICE JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 26-08-2023 12:24:26