SUPER SEEDS PRIVATE LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The primary challenge in the present writ petition is to the demand raised on 26.7.1993 vide Annexure P.8 for the period 1.4.1989 to 10.12.1991, claiming a sum of Rs. 5,26,489.87 towards the market fee in terms of the provisions of Punjab State Agricultural Markets Act, 1961 (hereinafter referred to as 'the Act').

(2.) It is the case of the petitioner that it is involved in manufacture/production on various kinds of seeds in particular that of cereals, pulses, oil seeds etc. the entire process of manufacture and production of seeds is governed and monitored under the Seeds Act, 1966 and the Rules framed thereunder.

(3.) The grievance of the petitioner is that the respondent Market Committee has found that market fee is payable by the petitioner although the petitioner is not dealing in food grains or agricultural produce and is only dealing in seeds as defined in the Seeds Act. Such seeds do not fall within the definition of agricultural produce within the meaning of Section 2(a) of the Act. It is the case of the petitioner that the distinction between seeds and grain is vital. The seed strictly speaking is an embryo and a living organism created in the supporting or food storage tissue. All the scientific research in framing would be of little use unless a farmer gets a seed, which is genetically pure possessing high germination percentage and vigour, high purity sound health etc. Only seeds with assured quality can be expected to respond to fertiliser and other inputs in an expected manner. Reference was made to the provisions of the process of certification under the Seeds Act.