HARINAGAR SUGAR MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated 12-9-2002 passed by the High Court of Judicature at Patna in Civil Review Petition No. 132 of 2001 with MJC No. 2298 of 2000.

(2.) In the State of Bihar a controversy arose as to whether the sugar factories engaged in purchasing sugarcane and selling sugar and sugar molasses are liable to pay market fee under the provisions of the Bihar Agricultural Produce Markets Act, 1960 (for short "the Act"). The High Court in Belsund Sugar Co. Ltd. v. State of Bihar held that the sugar factories engaged in purchasing sugarcane and selling sugar and sugar molasses are liable to pay market fee under the Act. This judgment was challenged in this Court.

(3.) The appellants filed Title Suit No. 84 of 1977 for restraining the Bihar Agricultural Marketing Board (for short "the Board") from realising market fee. An order of injunction was passed and ultimately the said title suit was decreed. In the appeal the order of the trial court was set aside. Aggrieved against the order of the first appellate court, the appellants filed Second Appeal No. 516 of 1993 which was dismissed. The appellants, being aggrieved, filed Special Leave Petition (C) No. 16487 of 2001 in this Court which was dismissed on 5-10-2001.