NARAYAN HARI SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE six writ petitions raise common questions and therefore they are disposed of by this common order.

(2.) THE petitioners, who are commission agents and grain merchants, challenge the validity of the levy of the market fee and the requirement of licensing of dealers by the Krishi Upaj Mandi Samiti, Chhabra, under sections 14 and 17 of the Rajasthan Agricultural Produce Markets Act, 1971.

(3.) IT cannot be said that the levy of markate-fee at the rate of Re. 1/- per Rs. 100/- worth of agricultural produce is excessive as to be a pretext of a fee and not fee in reality nor can it be said that the levy from the fee leaves a large surplus which is utilised by the Government for general purposes of the administration. No part of the receipts of the Mandi Committee go into the consolidated funds of the State. IT is set apart and earmarked into the Mandi Committee Fund for the fulfilment of the various objects and performance of the functions of the Mandi Committee for the carrying out the various purpose of the Act.