HARINAGAR SUGAR MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has come up for final disposal on a mentioning made by learned counsel for the petitioner that no useful purpose will be served by keeping the writ petition pending when the issue raised in this writ petition that market fee cannot be levied on purchase of sugarcane and sell of sugar and molasses has already been answered by the Supreme Court in the case of Belsund Sugar Co. Ltd. vs. The State of Bihar, 1999 3 PLJR(SC) 93. Learned counsel for the petitioner submits that this writ petition be disposed of in terms of that Constitution Bench judgment of the Supreme Court and it may be observed that on account of observations given by the Apex Court in paragraphs 102, 111 and 113 of the aforesaid judgment the writ petitioner will not be entitled for any refund of the market fee already deposited for the period in question nor the respondents shall be entitled to demand anything further towards market fee.

(2.) Learned AAG-3 has submitted on behalf of the State that there is no doubt that by the aforesaid judgment the Apex Court has clearly held that provisions of the Market Act cannot apply to the transactions on purchase of sugarcane and sell of sugar and molasses situated within the market area of the concerned Market Committee constituted under the Market Act but in paragraph-111 it has been clarified that if demand of market fee has been stayed then the stayed amount cannot be demanded by the Market Committee after the date of that judgment, that is, 10.8.1999 and market fee paid in past shall not be refunded. We find the prayer of the petitioner reasonable that this writ petition be disposed of in terms of the aforesaid judgment. It is, accordingly, disposed of.