SPIC PHI SEEDS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>RADHA MOHAN PRASAD, J.</DJG> In all the three Writ Petitions the challenge is with respect to levy of market fee on Hybrid seeds of maize, paddy and wheat etc. under the provisions of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act'). Since in all the three Writ Petitions the question involved is common, with consent of parties, they have been heard together and are being disposed of by this common judgment.

(2.) The petitioners are the Limited Companies producing Hybrid seeds which are developed, produced and distributed by them to Indian farmers. It is stated that these seeds are the reward of the well acclaimed pioneer's hi -tech research workers done within the country using termplasm supplied by PHI. It is further stated that the seeds are quoted by insecticides, chemicals and other poisonous substance and thereby the grain and other articles loose their use and utility as food -grains or vegetables and become unfit for human or animal consumption or for their extraction for such consumption. It has also been stated that the seeds marketed by the petitioner -Company are exclusively for the purpose of sowing only and not for consumption by human or animals and cannot be used for Oil extraction. The petitioners have also asserted that the seeds are not mentioned/included in the Schedule appended to the Act.

(3.) A counter affidavit has been filed on behalf of Bihar Agricultural Produce Marketing Board and Agricultural Produce Market Committee (respondent Nos. 2 and 3 respectively). Learned Counsel appearing for the respondents fairly submitted that the aforementioned facts have not been disputed in the counter affidavit. Despite several opportunities granted to the respondent -State of Bihar, no counter affidavit has been filed on their behalf.