BHARAT SUGAR MILLS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE ten writ petitions, filed at the instance of three sugar mills, are inter -related and arise from the same set of facts and circumstances. These writ petitions were, therefore, heard together and are being disposed of by this common judgment.

(2.) M /s. Bharat Sugar Mills Limited (in CWJC No. 3982 of 1988), M/s. Vishnu Sugar Mills Limited (in CWJC No. 4464 of 1988) and M/s. Sasa Musa Sugar Works Private Limited (in CWJC No. 7137 of 1988) came to this court seeking a declaration that the provisions of the Agricultural Produce Markets Act, 1960 (hereinafter to be referred as 'the Act ') in their application to sugar industry, were ultra vires the provisions of the Constitution, illegal and inoperative; another relief which was sought vaguely was a direction to refund the market fees (without indicating the exact amount) realised from the petitioners No notice(s), order(s) or demand(s) came under challenge in those three writ petitions as filed originally.

(3.) M /s. Bharat Sugar Mills Limited, however, filed a separate writ petition being CWJC No. 9473 of 1988, seeking to challenge the assessment order, dated 8.4.1988 determining its liability to pay market fee, along with penalty, on the sugar canes purchased by it during the years, 1978 -79 to 1982 -83. In this writ petition, it also challenged the demand notice, dated 11.4.1988 issued on the basis of the assessment order.