VARANASI TENDU PATTA VYAVASAYEE SANGH, VARANASI, THROUGH ITS MEMBERS Vs. KRISHI UTPADAN MANDI SAMITI, DUDDHI, DISTRICT MIRZAPUR AND OTHERS

JUDGEMENT

(1.) Consequent upon realisation of market fee by the Mandi Samiti directly from the petitioners, in respect of transactions of buying of the Tendu leaves from the U P. Forest Corporation and Tarai Anusuchit Jan Jati Vikas Nigam. they approached this Court by way of writ petitions under Art. 226 of the Constitution of India, seeking in main and stressing upon a relief for issue of a writ in the nature of mandamus commanding the respondent Mandi Samitis for not demanding or realising the market fee directly from them. The bunch of such writ petitions involving same controversy came up for hearing before us and is proposed to be disposed of by a common judgment.

(2.) Here in these petitions, we are concerned with two State enactments:-

(3.) In some writ petitions purchases of Tendu leaves were made from the Corporation and in some from the Nigam. In writ petitions No. 282 of 1988, 4308 of 1986, 4307 of 1988, 22770 of 1987, 21118 of 1986, 21405 of 1986 and 2t406 of 1985, the petitioners are the buyers of Tendu leaves from the Corporation/the Nigam in the capacity of exporters of Tendu leaves ; whereas in writ petitions No. 18589 of 1986,928 of 1987 and 1307 of 1987, the petitioners are the buyers of Tendu leaves from the Corporation for selling the same to the Bidi manufacturers within the State.