M/S. GRAMIN GUR UDYOG, VILLAGE MORPUR. DISTRICT GHAZIABAD AND OTHERS Vs. KRISHI UTPADAN MANDI SAMITI, HAPUR, DISTRICT GHAZIABAD AND OTHERS

JUDGEMENT

(1.) M/s. Gramin Gur Udyog and others, which are six in number and carry on trade of export of Gur and Khandsari, amongst others, within the precincts or jurisdiction of the Krishi Utpadan Mandi Samiti, Hapur, have filed this petition under Art. 226 of the Constitution.

(2.) The main grievance raised before us was that on the items of Gur and Khandsari, which are exported outside, no Sale takes place within the jurisdiction of the Mandi Samiti, Hapur, and consequently, Respondent No. 1 Krishi Utpadan Mandi Samiti, Hapur, is not entitled to refuse to issue gate pass in respect of those transactions on the ground of non - payment of market fee. The petitioners have alleged that they transport Gur and Khandsari for the purposes of sale on commission basis outside U.P. Mandi Samiti is determining each transaction of sale to ascertain as to whether sale has taken place within the area of Mandi Samiti or not.

(3.) Having heard counsel for the parties, we are of opinion that for the purpose of determining whether any particular transaction is sale within the area of the Mandi Samiti, Hapur, the Mandi Samiti is entitled to take into account the nature of transaction and all other relevant facts for determining as to whether Gur and Khandsari of the particular transaction is being exported outside U.P. If it finds that a particular transaction of Gur and Khandsari is to be exported outside U.P., no Mandi Samiti fee would be leviable on the same, but where the Mandi Samiti finds to the contrary and holds that the transaction was a sale within the area of the Mandi Samiti, it can levy Mandi Samiti fee.