TMI Blog1996 (7) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... v. for M/s JBD Co., N.K.Sagar, Adv. for B.D. Sharma, Adv. with him for the Respondents. JUDGMENT The following Judgment of the Court was delivered : The State of Rajasthan etc. V. Rajasthan Agriculture Input Dealers Association etc. J U D G M E N T Punchhi ,J. In Civil Appeal Nos.4064 and 4065 of 1995, the common appellant is the State of Rajasthan and in Civil Appeal Nos.4066 and 4067 of 1995, its ally, the Krishi Upaj mandi Samiti, Jaipur is the - common appellant. The grievance voiced herein by them is common and hence disposal of these appeals by a common order. These appeals are directed against order dated 3.7.1990 passed by a Division Bench of the Rajasthan High Court, Jaipur Bench, allowing two writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of failure. The challenge posed by the respondents before the High Court was answered by the appellants maintaining that foodgrains of all sorts, as mentioned in the Schedule, were seeds per se, the only exception carved out from the items mentioned in the Schedule being those relating to blue tagged certified seeds and white tagged certified foundation seeds; such exceptions having been notified on May 16, 1980 by way of amendment to the Schedule, in exercise of the State Government's power under Section 40 of the Act. The High Court on consideration of the entire Matter, took the view that when foodgrains of particular varieties were treated and subjected to chemical process for preservation, those grains become commercially known ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... far as the definition of the expression agricultural produce being wide and inclusive goes. But, then the real difficulty comes in interpreting the items mentioned in the schedule as to whether mention of a particular item would ipso facto mean inclusion of all its forms and derivatives achieved by manufacture or processing or by some other method. On reading the schedule as it stood at the relevant time, we come to the view that such a wide interpretation to the items in the schedule can in no event be given. In Kishan Lal case , Khandsari, Shakkar, Gur and Sugar were brought in the Schedule as agricultural produce and the argument that these items were not agricultural produce per se, and thus incapable of being brought in the Schedul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be inducted in the Schedule, other than what it is in the natural form, it is given a name and identity distinct from the corpus from which it came. Mr. Gupta, learned counsel, could not point out to us anywhere if seeds of foodgrains, inclusive of Bajra seed, per Item No.II were specifically mentioned as such in the Schedule. Wherever seeds were intended to be separately serialized, like seeds of musk melon and water melon, they distinctly found mentioned in contrast to the fruits, from which they came but as distinct products. It is undoubtedly true that foodgrains per se could be used as seeds for being sown and achieving germination, but in that form they retain the dual utility of being foodgrains as well as seeds. By process of coa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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