RAKESH TRADING Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two writ petitions filed under Article 226 of the Constitution as similar questions of law and facts are involved. It may be recalled that Hon'ble the Supreme Court had issued directions in the case of Kewal Krishan Puri and another v. State of Punjab and others, 1980 1 SCC 416 by striking down the enhancement of market fee from 2% to 3%.

(2.) However, Hon'ble the Supreme Court did not issue any direction for refund of excess market fee beyond 2% paid to the market committees which led to the filing of another round of litigation.

(3.) Hon'ble the Supreme Court in the case of M/s Shiv Shankar Dal Mills etc. v. State of Haryana,1980 2 SCC 416 held that the excess market fee charged from the commission agents be refunded. Hon'ble the Supreme Court issued following directions: