2008 (5) TMI 646

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....s involve a question as to whether the 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 m....

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....ed in the Schedule appended to the said Act, 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 :- ....

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....by the Assessing Authority, the Writ Petitioners filed writ applications 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 C....

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....n return of the rule and after hearing the parties make the rule absolute. 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 wh....