Mansa Mandi from 21.11.1974 to 5.6.1975 and has paid a sum of 46,224.28 as market fees to the defendant at the rate of 1.50% in accordance with the rules. Vide Act No.28 of 1973, the market fees was enhanced by 1-1/2%. Thereafter, vide Act No. 13 of 1974 the market fees was enhanced from 1-1/2% to 2-1/4%. Many shopkeepers challenged this by filing writ petitions in this Court and vide judgment dated 8.11.1974 reported in A.I.R. 1976 Punjab & Haryana Page-1, the enhancement of the market fee was set aside. Thereafter, the Punjab Government vide Act No. 14 of 1975 again enhanced the market fees to 2.25% under the provisions of Section 23 of Punjab Agricultural Produce Markets Act. However, the Punjab Board issued directions to the Market Committee to collect the market fee at the rate of 2% with effect from 23.8.1975. The Committee is not entitled to recover market fee at the rate of 2% with effect from 21.11.1974 to 5.6.1975 as Act No.14 of 1975 was effective from 23.8.1975. Hence, the Market Committee filed its written statement and contested the suit. It was admitted that the Supreme Court had upheld the market fee at the rate of `2% but this rate was effective to be recovered before 23.8.1975. On pleadings of the parties, the following issues were framed:-
