MARKET COMMITTEE Vs. KATARIA TRADERS

JUDGEMENT

(1.) BY this judgment I dispose of two Regular Second Appeals No. 1269 and 1270 of 1980 as, in my opinion, both the appeals can be disposed of by a common judgment.

(2.) THE point involved in both the appeals is similar as to whether the plaintiff-respondent has the locus standi to file the present suit. For the sake of facts, I am taking from R.S.A. No. 1269 of 1980 titled Market Committee, Jagraon v. M/s Kataria Traders.

(3.) THE case set up by the plaintiff was that this enhancement in the market fee was unconstitutional and it did not fall within the ambit of the Act and that the amendment Act and notification was struck down by the High Court in C.W.P. No. 3274 of 1974 and Civil Misc. No. 9010 of 1974. The excess amount paid by the plaintiff firm due to the illegal increase of Rs. 0.75 per hundred rupees during the period from 1.5.1974 to 8.11.1974 comes to Rs. 11,700/- and on the said amount the plaintiff firm is entitled to get interest amounting to Rs. 4,200/- at the rate of 13 per cent per annum. The entire amount paid by the plaintiff firm as market fee during the period was Rs. 34,941.90 whereas Rs. 23,241.90 could be legally charged.