The court noted that the subject-matter of the writ petition had become infructuous due to an order dated 12.06.2020 issued by the Assam State Agricultural Marketing Board citing the Farmers' Produce Trade and Commerce Ordinance 2020. Consequently, the writ petition was closed and interim orders were recalled.
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GAHC010268232018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8383/2018
M/S. SAMSON TIMBER INDUSTRIES PVT. LTD.
A PROPRIETORSHIP FIRM, HAVING ITS PLACE OF BUSINESS SITUATED AT P.O. TAZIT, P.S. TAZIT, DISTRICT MON, NAGALAND. REPRESENTED BY ITS PROPRIETOR BHANWAR SINGH RATHOURE, AGED ABOUT 55 YEARS.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI781006, ASSAM.
2:ASSAM STATE AGRICULTURE MARKETING BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER R.K. MISSION ROAD ULUBARI GUWAHATI- 781007 ASSAM.
3:SIVASAGAR DISTRICT REGULATED MARKET COMMITTEE SIVASAGAR DIVISION SIVASAGAR ASSAM.
4:MARKETING INSPECTOR SONARI FIELD SIVASAGAR DISTRICT REGULATED MARKET COMMITTEE SIVASAGAR DIVISION SIVASAGAR ASSAM
Advocate for the Petitioner : MR A TEWARI, MS. P ADHIKARI,MR. D WANGDI,MS
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NILAKSHI SARMA,MS. R R DAS
Advocate for the Respondent : SC, FOREST, MR. N J GOGOI (SC, A S A M B)
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 11-11-2024
Mr. A. Tewari, learned counsel for the petitioner and Mr. N.J. Gogoi, learned Standing Counsel, Assam State Agricultural Marketing Board [ASAMB] for the respondents nos. 2-4 are present.
ORDER
Dated Guwahati, the 12th June, 2020
No. ASAMB/Dev/913/2020/16: In pursuance upon the Ordinance No. 10 of 2020 passed by Union Government published in the Gazette on 5th June, 2020 on the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Ordinance 2020. As per Section 6, "No market fee or cess or levy, by whatever named called, under any State APMC Act or any other State law, shall be levied on any farmers or trader or electronic trading and transaction platform for trade and commerce in schedule farmers produce in a trade area". However, it may be noted that physical boundaries of notified Principal Market Yards and Sub-Market Yards and market sub-yards managed and run by the Market Committees fomed under its State APMC Act in force in India are excluded from the trade area.
Therefore, all the concerned is directed to strictly adhered to the above
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Ordinance/Order (copy enclosed) in letter and spirit with immediate effect. Any contravention to the aforesaid Section shall be treated as criminal offence and legal action against the defaulting incumbents shall be initiated as per rules and regulation.
Sd-
Chief Executive Officer
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition has become infructuous due to the impugned order?
Whether the interim orders should be recalled?
2 provisions across 1 enactments
M/S. SAMSON TIMBER INDUSTRIES PVT. LTD.
THE STATE OF ASSAM
ASSAM STATE AGRICULTURE MARKETING BOARD
SIVASAGAR DISTRICT REGULATED MARKET COMMITTEE
MARKETING INSPECTOR SONARI
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
