DEOLAL SHA SUDIST NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ petitions, common question of law and facts are involved. They have been heard together and are being disposed of by this order.

(2.) IN all these writ petitions, memo No. 15/Vidhi -141/99 dated 24.1.2000 issued by Managing Director, Bihar State Agricultural Marketing Board to the Secretaries directing to realise Market fee with regard to sugar from the traders except Mill owner, is under challenge. In CWJC. No. 2187/2000 and CWJC No. 620/ 2000, the notices issued to the petitioners directing to deposit market fee are also under challenge.

(3.) THE case of the petitioners is that the ratio decided in the case of Belsund Sugar Co. Ltd. - - is applicable in the case of the petitioners. In the said decision it was held that Belsund Sugar Co. Ltd. is not liable to pay market fee though the factory is within the market yard under the Bihar Agricultural Produce Markets Act. The Bihar State Agricultural Marketing Board had also filed a review petition bearing No. 1249 -63/99 before the apex Court and the same has been dismissed by the Constitution Bench of the apex Court vide order dated 7.10.1999 and it was held that "the grounds raised in the review petitions seek to reargue the matter on merits. This is not within the scope of the review proceedings." Food Corporation of India also filed Civil Appeal No. 2110/89 which was disposed of on 20.1.2000 by the apex Court. The apex Court held that "this matter stands concludes in favour of the appellant by Constitution Bench judgment of this Court in the Belsund Sugar Co. Ltd. V/s. State of Bihar and Ors. (1999) 4 SCALE 516. The appeal is, accordingly, allowed. This order will be effective prospectively and no refund of fee would be payable to the respondents by the appellant." The petitioners also brought on record that a review petition bearing No. 1064/2000 was filed in Civil Appeal No. 2110/89, Food Corporation of India V/s. Bihar State Agricultural Marketing Board and Ors., by the respondent -Bihar State Agriculture ' Marketing Board which was dismissed on 2.11.2000 holding that "apart from there being a delay of 220 days for which the explanation is not found to be satisfactory, even on merits, we see no ground to entertain this review petition." Therefore, the grievance of the petitioners is that memo dated 24.1.2000 issued by respondent -Managing Director, Bihar State Agricultural Marketing Board to the Secretaries directing for realisation of market fee on sugar from all types of traders except mill owners and the notices for depositing of market fee are illegal, bad in law in view of the decision of apex Court.