Dhuliyan Tobacco v. State

W.P.(C) No. 11742 of 2007

1. 18.03.2019

Heard learned counsel for the petitioner.

1. It is stated by the learned counsel for the petitioner that the issue involved in this writ petition is squarely covered by the common order dated 23.10.2017 passed by this Court in OJC No.7801 of 1995 and a batch of writ petitions. The common order dated 23.10.2017 reads as under:

“ Heard Sri A.Pal, learned counsel for the petitioners as well as learned Government Advocate appearing for the State-opposite parties, Sri S.K.Patnaik, learned Senior Counsel appearing for the Orissa Forest Development Corporation Ltd. and Sri P.K.Mohanty, learned Senior Counsel appearing for the respective Regulated Market Committees and have perused the record.

1. Learned counsel for the parties have jointly stated that the issue involved in these writ petitions is squarely covered by the decision of this Court rendered in the case of M/s. Sriniwas Trading Company and others vs. State of Orissa and others, 2017(Supp.-I) OLR 628 .

1. Learned counsel for the parties have jointly prayed that these writ petitions may also be disposed of in terms of the aforesaid judgment.

1. Accordingly, for the reasons given in the aforesaid judgment in the case of M/s. Sriniwas Trading Company (supra ), it is directed that the collection of market fee on Kendu leaves from the petitioners is held to be illegal and devoid of jurisdiction and the Regulated Market Committees are directed not to collect the same. It is further directed that the opposite parties-Regulated Market Committees shall refund the market fee collected so far from the petitioners within a period of four months from the date of filing a certified copy of the judgment, failing which the same shall be refunded with interest of 9% per annum from the date of collection till the date of actual payment.