GULSHAN POLYOLS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Mihir Joshi with learned advocate Mr. Dipen Desai for the petitioner in Special Civil Application No.687/2020 and for the respondent no.3 in Special Civil Application No.17299/2021, learned Senior Advocate Mr. B.S. Patel with learned advocate Mr. Chirag B. Patel for the respondent no.3 in Special Civil Application No.687/2020, learned advocate Mr.Hriday Buch for the petitioner in Special Civil Application No.17299/2021 and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent State.

(2.) Special Civil Application No.687/2020 is preferred by Agriculture Produce Market Committee, Bharuch feeling aggrieved by the order dtd. 3/12/2019 passed by the respondent no.1-Deputy Secretary (Appeals), Agriculture, Welfare and Cooperation Department of the State under sec. 48 of the Gujarat Agriculture Produce Markets Act, 1963 (For short "the Act, 1963") in Revision Application No.30 of 2019 whereby revision application preferred by respondent no.3 -M/s. Jabsons Foods was partly allowed by quashing and setting aside the order dtd. 11/1/2019 passed by the petitioner for levy of market fees on the goods purchased from outside the market area and further directing respondent no.3 to inform the petitioner Market Committee about the market fee after verification of Form No.V with regard to agriculture produce purchased or sale in the market area of the petitioner.

(3.) Special Civil Application No. 17299/2021 is filed by the petitioner being aggrieved by order dtd. 18/9/2021 passed by respondent no.1 - Deputy Secretary (Appeals), Agriculture, Welfare and Cooperation Department of State in Revision Application No.20/2021 whereby revision application filed by respondent no.3 - Agriculture Produce Market Committee, Jhagadiya was allowed and order of the respondent no.2-Director, Agriculture Marketing and Rural Finance Department dtd. 11/6/2020 in Appeal No.31 of 2019 was quashed and set aside. Accordingly, the petitioner was directed to pay the market fees under sec. 28 of the Act, 1963.