MOHAMMAD AYOOB MOHAMMAD YAQUB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this writ petition, petitioners have sought a writ in the nature of Mandamus commanding the respondents not to impose or realize any Mandifee, Development Cess, or Compounding Fee on the agricultural produce purchased by the petitioner on behalf of the retailers within the limits of Mandi- area Nazibabad (U. P. ). Fur ther Mandamus has been sought directing the respondents to refund the amount, which has been charged illegally by the respondents.

(2.) HEARD learned counsel for the parties and perused evidence, counter affidavits and re joinder affidavit.

(3.) A separate counter affidavit has been filed on behalf of respondent No. 3, in which it has been stated that Mandi Fee is being realized under Section 17 (iii) of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 as per U. P. Govt. Notification No. 8948/12-5-125/1973 dated 25-9-1993 (applicable to the State of Uttarakhand ). It is further stated in the counter affidavit of respondent No. 3 that under order of District Magistrate vide letter No. 3319/24-F. C. (2007-08) dated 30th August, 2008 (copy Annexure CA-3 to the counter affidavit) two check-post at Srinagar (Pauri) and Marchula were established to check the illegal trading and transaction of Mandi goods. It is further stated that no Mandi Fee is being realized from those transporters, who are having valid Form No. 9 and gate-pass with them. It is stated in paragraph 19 of the counter affidavit filed on behalf of respondent No. 3 that petitioners do not possess license while the answering re spondent provides the facilities of road, light, water etc.