DIVISIONAL MANAGER, JALGAON DIVISION MAHARASHTRA STATE CO-OPERATIVE COTTON GROWERS MARKETING FEDERATION LTD Vs. AGRICULTURAL PRODUCE MARKET COMMITTEE, JALGAON, THROUGH ITS SECRETARY

JUDGEMENT

(1.) The appeal is filed against the decision given by the learned Single Judge of this Court by which Writ Petition No.3235/2007 is dismissed. The writ petition was filed by the present appellant to challenge the order dated 9-5-2007 passed by the Tribunal constituted under the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short, "the APMC Act"). Application No.1/2007 was filed before the Tribunal by respondent No.1, Market Committee, Jalgaon and it was allowed by the Tribunal. Present appellant was directed by the Tribunal to pay Rs.49, 78, 656/- as market fees and supervision fees to the Market Committee, respondent No.1. Both the sides are heard.

(2.) The appellant is the Chief Agent of the State Government, an institution created for procurement of raw cotton. The institution is created to implement the scheme of the State Government and through the appellant, the State Government purchases raw cotton from market. The object behind the scheme was to see that the farmers of this State are not exploited and they get reasonable price of cotton. The Government also wanted to see that the farmers get minimum support price due to such purchase by the agent of the State Government.

(3.) Agricultural Produce Market Committee Jalgaon is created under the APMC Act. The Committee has the power to levy and collect fees from every purchaser of agricultural produce marketed in the market area. The appellant was expected to purchase the cotton in the market area of the Market Committee Jalgaon. As per the provision of the APMC Act, the purchaser is required to make payment of cess, fees to the Market Committee and for purchasing the raw cotton from market the appellant was expected to pay fees to the Market Committee, Jalgaon.