SATISH RICE INDUSTRIES SHIKARIPURA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions have been filed by the petitioners and the writ appeals have been filed by the apmc and the petitioners who are rice millers having licences under the Provisions of the rice milling industries (regulation) Act, 1958, questioning the validity of the marketing committee constituted under the Provisions of the Karnataka agricultural produce marketing (regulation) Act, 1966 (in short 'marketing act') levying the market fee on the rice.

(2.) THE first question that arose for consideration in these cases was:

(3.) THE facts of the case are, that the petitioners are purchasing paddy in the market yards after paying the market fee to the respective market yards. After purchase, the same is converted into rice. The converted rice is covered by the order issued under the Essential Commodities Act, 1955, i. e. , the Karnataka rice procurement levy Order, 1984, in which it is the obligation of the petitioners to surrender levy to the government or its agents.