2008 (5) TMI 646

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....e levy of market fee on Zafrani Zarda in terms of the provisions of Bihar Agricultural Produce Market Act, 1960 (for short the Act) is valid which arise out of a common order dated 7th October, 2002 passed by the High Court of Patna in three writ petitions filed by the appellants. 2. Writ petitioners are manufacturers of Zafrani Zarda. It is indisputably a manufactured form of tobacco. The quest....

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...., by reason of a Notification dated 31st July, 1991, issued by the State of Bihar which reads thus:-. "No. 6/Misc. 13/91 - 6386 .... Governor of Bihar in exercise of its powers conferred under Section 39 of Bihar Agricultural Produce Marketing Act, 1980 (Bihar Act 16 of 1960) makes the following amendment in the Schedule of the abovementioned Act :- AMENDMENT In the said list -Heading 11 - foll....

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....cations before the Patna High Court inter alia for the following reliefs :- "i) issue Rule NISI calling upon the respondent to show cause as to why the notice No.569 dated 08.06.2001, 638 dated 26.06.2001 and 770 dated 24.07.2001 as contained in Annexure 6, 7, 9 and issued by the respondent Secretary, Agricultural Produce Market Committee should not be set aside and quashed and upon return of the....

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....te. iv) Issue such other writ(s) order(s) direction(s) as your Lordships may deem fit and proper." 6. In the said writ petitions, inter alia it was contended on behalf of the respondent-Market Committee, that the market fee would be assessed from the date of coming into force of the Amendment i.e. 30th April, 1982 from which date the definition of 'agricultural produce' had been amended. 7. The....