MAA BHUASUNI ROLLER FLOUR MILLS Vs. STATE OF ORISSA, REPRESENTED BY SECRETARY, DEPARTMENT OF COOPERATION, ORISSA AND ANOTHER

JUDGEMENT

(1.) These writ petitions have been filed challenging the inaction of the opposite parties in collecting the market fee on the finished goods and the notification dated 21.11.1994 issued by the Government of Orissa, Cooperation Department on the ground that it contravenes the provisions of the Orissa Agricultural Produce Markets Act, 1956 (hereinafter called as the "Act, 1956").

(2.) Since the above three writ petitions have got common question of law, they are being taken up together for disposal by this common judgment.

(3.) The adumbrated facts of the petitioners are that the petitioner in OJC No.12958 of 1996 is an industrial unit carries on its business of manufacturing Atta, Maida, Suji etc. after purchasing wheat from different sources, i.e, from outside market, Food Corporation of India and from local market also. The petitioner in OJC No.13550 of 1998 is also an industrial unit carries on its business of manufacturing Chura (flattened rice) and Atta, Maida and Suji. The petitioner in W.P.(C) No.3873 of 2003 is an association of Millers and Traders and it carries on business of milling the agricultural market produces within the Jatni Regulated Market Committee area and challenges the notification dated 04.02.2003 issued by the Government of Orissa in Cooperation Department notifying Mung Dal, Biri Dal, Buta Dal and Harad Dal as agricultural produces.