REGENT COMPUTRONICS PVT. LTD.

STAR PAPER MILLS LTD., SAHARANPUR, U. P. Appellant

V/S

DEPUTY DIRECTOR (ADMINISTRATION/MARKETING), KRISHI UTPADAN MANDI PARISHAD, MORADABAD Respondents

Referred Judgements :-

M/S. ATMA RAM RATAN LAL AND OTHERS V. STATE OF U. P. AND OTHERS [REFERRED TO]
M/S. SHREE MAHALAKSHMI VYAPAR KENDRA V. KRISHI UTPADAN MANDI SAMITI POWAYAN,DISTRICT SHAHJAHANPUR,THROUGH ITS CHAIRMAN [REFERRED TO]
KRISHI UTPADAN SAMITI,DUDHI AND ANOTHER V. RAJESH KUMAR JAISWAL [REFERRED TO]
VARANASI TENDU PATTA VYAVASAYEE SANGH,VARANASI,THROUGH ITS MEMBERS V. KRISHI UTPADAN MANDI SAMITI,DUDDHI,DISTRICT MIRZAPUR AND OTHERS [REFERRED TO]
U. P. FOREST CORPORATION,LUCKNOW V. KRISHI UTPADAN MANDI SAMITI AND OTHERS [REFERRED TO]
BOMBAY MUNICIPAL CORPORATION VS. DHONDU NARAYAN CHOWDHARY [REFERRED TO]
RAM CHANDRA KAILASH KUMAR AND COMPANY DINA NATH NARENDRA KUMAR AGARWAL KISHAN LAL SATYA PRAKASH AND GO GOKUL CHAND PHOOL GHAND SHRI SHIV SHANKER SARRAF BHAGWAN DAS RAVI KANT VS. STATE OF UTTAR PRADESH [REFERRED TO]
SREENIVASA GENERAL TRADERS UPPALAPEDA VENKATARAMIAH COROMANDAL AGRO PRODUCT AND OIL LIMITED VS. STATE OF ANDHRA PRADESH [REFERRED TO]
AMAR NATH OM PRAKASH FOOD CORPORATION OF INDIA VS. STATE OF PUNJAB [REFERRED TO]
J K SYNTHETICS LIMITED BIRLA CEMENT WORKS VS. COMMERCIAL TAXES OFFICER:STATE OF RAJASTHAN [REFERRED TO]
KRISHI UPAJ MANDI SAMITI VS. ORIENT PAPER AND INDUSTRIES LIMITED [REFERRED TO]
KRISHI UPAJ MANDI SAMITI VS. ORIENT PAPER AND INDUSTRIES LIMITED [REFERRED TO]
KRISHI UTPADAN MANDI SAMITI HALDWANI VS. INDIAN WOOD PRODUCTS LIMITED [REFERRED TO]
MAHALUXMI RICE MILLS VS. STATE OF UTTAR PRADESH [REFERRED TO]
AGRICULATURE MARKET COMMITTEE RAJAM VS. RAJAM JUTE AND OIL MILLERS ASSOCIATION RAJAM [REFERRED TO]
CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY VS. STATE OF MAHARASHTRA [REFERRED TO]
ISHWAR DUTT VS. LAND ACQUISITION COLLECTOR [REFERRED TO]
JINDAL STAINLESS LTD VS. STATE OF HARYANA [REFERRED TO]
VIJAYALASHMI RICE MILL VS. COMMERCIAL TA OFFICERS PALAKOL [REFERRED TO]
HARDEV MOTOR TRANSPORT VS. STATE OF M P [REFERRED TO]
KRISHI UTPADAN MANDI PARISHAD VS. I T C LTD [REFERRED TO]
SAROJA VS. CHINUSAMY [REFERRED TO]
DIRECTOR KRISHI UTPADAN MANDI SAMITI VS. RAM KISHAN DAYA RAM [REFERRED TO]
PRINCE TRADERS VS. KRISHI UTPADAN MANDI SAMITI [REFERRED TO]
KRISHNA RICE AND DAL MILLS VS. UNION OF INDIA [REFERRED TO]
BULAND MOTOR AND LAND FINANCE PRIVATE LIMITED VS. ASSISTANT COMMISSIONER OF INCOME TAX [REFERRED TO]
R S MUTHUSWAMI GOUNDER VS. A ANNAMALAI [REFERRED TO]
RANCHI CLUB LIMITED VS. COMMISSIONER OF INCOME TAX [REFERRED TO]

JUDGEMENT

(1.) THE short question, which arises for consideration in this group of writ petition is, whether sub-clause (3) of Clause (b) of sub-section (iii) of Section 17 of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, (hereinafter referred to as the Adhiniyam) is attracted in the instant case or not ? THE facts leading to the filing of the writ petitions is, that the petitioner is a Public Limited Company and has a factory at Saharanpur in the State of Uttar Pradesh and is engaged in the manufacture of paper. THE raw material required for the manufacture of paper is wood which is purchased by the petitioner from various deposits of the U. P. Forest Corporation (hereinafter referred to as the U.P.F.C.) through various allotment orders. THEse depots, according to the petitioner, are located in the 'reserved area' as notified under Section 20 of the Indian Forest Act, 1927. It is contended that in the reserved area, only such activities can be carried out which are permitted under the said Act.

(2.) THE present group of writ petitions is an inter se dispute between the petitioner and the Mandi Samitis relating to the period 1986 to 1998. For facility, the facts of Writ Petition No. 24998 of 2008 is taken into consideration and is being made the leading case.

(3.) BASED on the aforesaid direction, the petitioner filed detailed objections, and the Secretary, Mandi Samiti, after considering the objections, passed an order dated 14.11.2006 assessing a sum of Rs. 61,55,900.40 as Mandi fee, and further imposed a sum of Rs. 1,48,238.95 as development cess. The Secretary, Mandi Samiti also imposed interest @ 2% per month or 24% per annum on the aforesaid Mandi fee and cess, payable w.e.f. 1st April, 1990 onwards. The petitioner, being aggrieved by the aforesaid assessment order, filed a revision under Section 32 of the Adhiniyam before the Director, Mandi Samiti, which was eventually transferred to the Deputy Director, who by the impugned order dated 15th September, 2008 dismissed the revision and affirmed the order of the Mandi Samiti.

Click here to view full judgment.

STAR PAPER MILLSLTD Vs. DEPUTY DIRECTOR ADMINISTRATION/MARKETING KRISHI UTPADAN MANDI PARISHAD MORADABAD

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address