TMI Blog2008 (5) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... S.B PANTA, LOKESHWAR SINGH , JJ. JUDGMENT : These three appeals involve a question as to whether the levy of market fee on Zafrani Zarda in terms of the provisions of Bihar Agricultural Produce Market Act, 1960 (for short the Act) is valid which arise out of a common order dated 7th October, 2002 passed by the High Court of Patna in three writ petitions filed by the appellants. 2. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isputably again with effect from 30th April, 1982 Zafrani Zarda was inserted in the Schedule appended to the said Act, by reason of a Notification dated 31st July, 1991, issued by the State of Bihar which reads thus:-. No. 6/Misc. 13/91 - 6386 .... Governor of Bihar in exercise of its powers conferred under Section 39 of Bihar Agricultural Produce Marketing Act, 1980 (Bihar Act 16 of 1960) mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f assessment of market fee relying on and on the basis of the said G.Os., by the Assessing Authority, the Writ Petitioners filed writ applications before the Patna High Court inter alia for the following reliefs :- i) issue Rule NISI calling upon the respondent to show cause as to why the notice No.569 dated 08.06.2001, 638 dated 26.06.2001 and 770 dated 24.07.2001 as contained in Annexure 6, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t declared invalid, illegal without jurisdiction and unenforceable and upon return of the rule and after hearing the parties make the rule absolute. iv) Issue such other writ(s) order(s) direction(s) as your Lordships may deem fit and proper. 6. In the said writ petitions, inter alia it was contended on behalf of the respondent-Market Committee, that the market fee would be assessed from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icance. They should have been dealt with by the High Court. 9. We, therefore, are of the opinion that the impugned judgment cannot be sustained. They are set aside accordingly and the matters are remitted to the High Court for consideration and disposal thereof afresh as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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