PARTHA PRATIM CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Secretary of the Timber Merchants Association , Siliguri has filed the instant writ petition to adjudicate the issue as to whether the members of the Association after purchasing forest produce through e- auction conducted by the West Bengal Forest Development Corporation Limited in respect of reserved or protected forest depots are under obligation to pay fees under the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 while transporting the forest produce/timbers from the forest depots to their saw mills, retail outlets, place of business etc.

(2.) Suffice to mention here that the members of the Timber Merchants Association purchased timbers through e-auction conducted by the West Bengal Forest Development Corporation Limited. At the time of purchase, they required to pay the cost of the timber and applicable taxes and fees to the WBFDCM. While transporting such timbers to their respective saw mills or places of business, the respondent authorities are claiming fees under the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972. It is contended on behalf of the petitioner that such collection of levy of market fees on timbers is impermissible in the eye of law and contrary to Sec. 17 of the 1972 Act. Therefore, the petitioner has prayed for issuance of the writ of mandamus directing the respondent and each of them to forbear from collecting levy of market fees on timbers which are purchased by the members of the association in e- auction held by the WBFDCL along with consequential reliefs. The learned Advocates for the petitioner and the respondents have made their respective submissions to the tune of the petition. Since the respondents are not called upon to file any affidavit-in- opposition, entire allegations made out in the instant writ petition is deemed to have denied by them.

(3.) Declaration of market area.-(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government may, by notification, declare any area as a market area within which purchase and sale of such agricultural produce as may be specified in the notification, shall be regulated