BOHRA MILLS Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this judgment a bunch of writ petitions (C. W. P. Nos. 504 J, 8412 to 8417, 7340, 7643, 7646, 8005 to 8006, 8017, 8407 to 841], 12887, 12261, 12347, 12578, 12594, 12888, 13091, 13399, 13092, 14683 and 14684 of 1992) are being disposed of as the questions debated are common. The judgment is being prepared in C W P. No. 8017 of 1992.

(2.) THE challenge in these writ petitions is to the charging of the market fee by different Market Committees in the State of Haryana and Punjab on the agricultural produce brought by the petitioners within the notified area of the respective Market Committees from places outside State of Haryana and such agricultural produce is consumed in the factory premises of the respective petitioners. The , petitioners brought these articles after paying market fees in the respective States and since no sale transaction was to take place within the notified areas of the respective Market Committees, the petitioners were not liable to pay market fee as the finished goods were being taken outside the State of Punjab In some of the writ petitions the challenge is also to the collection of fund under the Rural Development Act as applicable in the State of Haryana.

(3.) THE State of Haryana has contested the writ petitions inter alia alleging that the questions raised in the present writ petitions have already been decided by the Full Bench, rather some of the petitioners had earlier filed writ petitions on similar grounds which were dismissed one of them being C. W. P. No. 12614 of 1990, M/s. Bindra Feed Mills v. State of Haryana and Ors. , C. W. P. No. 12614 of 1990. decided on October 11, 1991. The present writ petitions would be barred by the principle of res judicata. On merits also the writ petitions have been opposed. We have heard counsel for the parties.