Dismissed
Sun Biotechnology Limited andANR v. the Bihar State Agri.Pro.Mkt.B
Patna HCCWJC/8360/2006
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8360 of 2006
====================================================== 1. Sun Biotechnology Limited, Daheria Katihar, Registered office at Milanpur Rehbari, Gauhati, Assam and its administrative office at 21 A, Shakespeare Sarani, Kolkata through its Director Sri Krishna Chandra Senapati. 2. Sri Krishna Chandra Senapati son of late Panchanan Senapati, resident of 112, Charu Chandra Place, East Kolkata-700033. .... .... Petitioner/s Versus 1. The Bihar State Agricultural Produce Marketing Board (dissolved), Pant Bhawan, Bailey Road, Patna through its Administrator. 2. The Agricultural Produce Market Committee, Tingachia, Katihar, P.O. and P.S.-Katihar, District-Katihar through its Special Officer. 3. The Special Officer, Agricultural Produce Market Committee (dissolved), Tingachia, Katihar, P.O. and P.S.-Katihar, DistrictKatihar. 4. Assessment Sub-Committee, Agricultural Produce Market Committee (dissolved), Tingachia, Katihar, P.O. and P.S.Katihar, District-Katihar. 5. The State of Bihar through Agricultural Production Commissioner, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahesh Narayan Parbat Mr. Ved Prakash Srivastava For the Respondent/s : Mr. B.K.Singh 'Chouhan' Mr. Prabhakar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
The prayer of the petitioner in paragraph 1 of the writ application is as follows :-
“(a) To issue a writ of certiorari for
Patna High Court CWJC No.8360 of 2006 (5) dt.13-12-2013
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quashing the assessment order dated 27.1.2006 (Annexure-17) passed by the learned Assessment Sub-Committee, Agricultural Produce Market Committee, Tingachia, Katihar, to the extent through which the said SubCommittee by committing error of record and in complete violation of principle of natural justice, dehors the rules has been pleased to assess the market fee on the alleged sale of products of petitioners for the period 2002 to 2004 to the tune of rupees 12,58,733.68 and has been further pleased to impose fine also to the tune of rupees 3,14,683.00 on the alleged assessed amount of fee. (b) To issue a further writ of certiorari for quashing the demand notice as contained in letter no.374 dated 27.1.2006 (Annexure-19), issued by the Secretary, Agricultural Produce Market Committee, Katihar, through which the petitioners have been directed with threatening to deposit the total amount of fee and fine above said to the tune of rupees 15,73,417.00 on or before 27.2.2006, failing which the said dues amount would be recovered as public demand. (c) To issue a writ of mandamus or any other appropriate writ to declare and hold that in the facts and circumstances of the case the said assessment of the learned Assessment Sub-Committee, Agricultural Produce Market Committee, Tingachia, Katihar is wholly without jurisdiction and petitioners are not bound in law to pay the assessed amount and fine imposed on it, in any way.
Patna High Court CWJC No.8360 of 2006 (5) dt.13-12-2013
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(d) To issue a further writ of mandamus commanding the respondents not to realize the amount of fee and fine above said from the petitioners in any manner including by way of public demand through certificate proceeding. (e) To any other relief or reliefs for which the petitioners may be found entitled to.”
Learned counsel for the petitioners submits that the petitioners’ representation dated 21.3.2006 filed before the Managing Director of the Marketing Board is still pending for final disposal.
This writ application is accordingly disposed of with a direction to the Special Officer of the dissolved Marketing Board to take cognizance of the said representation and dispose it of in accordance with law, if not already disposed of.
The final order passed on the representation of the petitioner shall be communicated to him within two months from the date of receipt/production of a copy of this order.
(Jayanandan Singh, J)
Arvind/-
Sun Biotechnology Limited
Sri Krishna Chandra Senapati
The Bihar State Agricultural Produce Marketing Board
The Agricultural Produce Market Committee, Tingachia, Katihar
Jayanandan Singh
As recorded by the court registry
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