AKKIRAMPURA GRAMA PANCHAYAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Writ Petition is filed by Akkirampura Grama Panchayat, Tumkur District seeking for a prayer to declare that the petitioner is entitled to levy and collect fees in market area in Akkiramapura village in Koratagere taluk, Tumkur district and further to quash Annexure-B dated 28-10-1999 issued by the second respondent.

(2.) ). The petitioner states in the petition that in terms of the provisions of the Panchayat Raj Act, the petitioner is entitled to collect fee and to levy fee under the said Act. He also states that the petitioner has the necessary power and jurisdiction to collect or levy market fee in respect of live-stocks like sheep, cattle and goats. The petitioner had earlier filed W. P. No. 21590/91 on the same cause of action, which came to be withdrawn by the petitioner. The further contention of the petitioner is that the petitioner has right to collect the market fee and such right is not taken away under the provisions of the Agricultural Produce Market Act.

(3.) ON the other hand, the learned standing counsel for Respondent-2, Mr. B. G. Sridharan states that the question involved in this case is a pure legal question. Counsel for 2nd respondent states that Section-8 is the answer to the various contentions urged in the writ petition.