MAHYCO SEEDS LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE these appeals have been preferred against a common judgment dated 5th May, 1991 of learned Single Judge dismissing W.Ps. No.1434/2006, No.5257/2008 and No.4779/2009 wherein action of respondent No.4 of levying mandi fees etc. was affirmed. They have therefore been clubbed, heard together and are being decided by this common order.

(2.) FACTS giving rise to these appeals are almost similar with the exception of Bajra in the first case and soyabean in the other two cases. We therefore refer to the facts of the first case. The facts in short are that appellants are registered Companies based at district Khandwa in Madhya Pradesh. They are dealing in research, production, processing and marketing of seeds. On 28.3.2006, trucks allegedly carrying seeds of bajra were stopped by employees of Mandi Samiti (respondent No. 4). After preparing panchnama Annexure R-4/1 and Annexure R-4/2 and recording statement of driver, the officers of the Mandi came to the conclusion that what was being carried by the trucks was grain and not seed. No receipts of payment of Mandi fee was produced. Therefore the fee was levied alongwith penalty and fine etc. on transportation of bajra/soybean saying leviable under Section 19 of Madhya Pradesh Krishi Upaj Mandi Samiti Adhiniyam, 1972 (hereinafter referred to as 'Adhiniyam, 1972').

(3.) REPRESENTATIONS /appeals of appellants filed before the Managing Director were rejected vide order dated 16.6.2006 as not maintainable.