PREM CHAND RAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) M/s. Prem Chand Ram Lal through Mela Ram partner have filed this petition under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the resolution of the Market committee, Sangrur, respondent No. 2, dated 4th February 1972 levying market fee and penalty on the petitioners amounting to Rs. 6,538,76. The facts of this case may briefly be stated thus:

(2.) THE petitioners are running their business and are licensees under Section 10 of the Punjab Agricultural Produce Markets Act, 1961, hereinafter referred to as the act. The petitioners are commission agents and Pacca Arhtias and bring Gur, shakkar and Khandsari from outside Mandis in packed condition at their shops which are situated outside the market yard at Sangrur. The Market Committee, respondent No. 2, wished to levy market fee on the sale of Gur, Shakar and khandsari purchased by the petitioners from outside Mandis and sold at their shops in the packed condition. The petitioner-firm resisted the illegal levy by the market Committee. The Administrator of the Market Committee on 30th september, 1968, levied market fee of Rs. 5,014/- and levied an equal amount of penalty, and made a demand of Rs. 10,028/- against the petitioners for the year 1967-68. This act of the Administrator was challenged by the petitioners by way of civil Writ No. 3324 of 1968. The petitioners partially succeeded in their petition. As full relief was not given to the petitioners, they filed a Letters Patent Appeal against the judgment and order of the learned Single Judge but the same was dismissed. The matter did not rest there as the petitioners filed an application for grant of a certificate for filing appeal before the Supreme Court of India and necessary certificate was granted to them. On the basis of this certificate, the petitioners filed an appeal before the Supreme Court and moved a stay application on which the stay was granted subject to their furnishing a bank guarantee to the satisfaction of the Market Committee.

(3.) IT is further stated that in spite of the fact that the Market Committee knew that the appeal of the petitioners was pending before the Supreme Court, still a resolution was passed on the 4th February, 1972 levying market fee on the sale of gur. Shaker, Khandsari, cereals and rice for the years 1968-69 and 1969-70, to the tune of Rs. 3269. 38 and also imposed penalty in the same amount. It is the legality and propriety of this resolution of the Market Committee which have been challenged by way of this writ petition.