CHAMPARAN SUGAR COMPANY LTD Vs. STATE OF BIHAR; AGRICULTURAL PRODUCE MARKET COMMITTEE; SECRETARY, AGRICULTURAL PRODUCE MARKET COMMITTEE AND ORS

JUDGEMENT

(1.) We have heard learned Counsel for the petitioner and Mr. B.K. Singh Chauhan, Advocate appearing on behalf of the Administrator and the Special Officer appointed under the Bihar State Agriculture Produce Market (Repeal) Act, 2006.

(2.) Learned Counsel for the petitioner submits that the proceedings in Certificate Case No. 01/1992-93 before the Sub-divisional Certificate Officer, Bettiah at West Champaran under the Bihar Public Demands Recovery Act was initiated for realization of market fee in context of manufacture of sugar by the petitioner industry by sugar cane purchased by it from within the area of the respondent marketing committee and outside. (The erstwhile Bihar Agriculture Produce Market Committee).

(3.) He strongly relies upon a Constitution Bench Judgment of the Supreme Court, (Belsund Sugar Co. Ltd. v. The State of Bihar and Ors., 1999 3 PLJR(SC) 93 holding that market fee cannot be levied on purchase of sugar cane and sale of sugar/Molasses. Following the same a Division Bench of this Court in C.W.J.C. No. 5866 of 1997 has allowed a similar challenge. He therefore submits that the certificate proceedings are not maintainable and the application may be disposed of in similar terms as the order of this Court as aforesaid. Reliance is further placed on paragraph 102, 111 and 113 of the judgment of Belsand Sugar Company (Supra).