Writ petition challenging market fee demand on a firm for potatoes dispatched by its partners to Bangalore. The Court held partners cannot be individually 'producers' under Section 2(O); the firm, being licensed and never declared a producer, was liable. Petition dismissed as meritless and not maintainable.
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Singh, Advocate, for the petitioner again seeks an adjournment.
However, considering that present writ petition is pending since the year 2003, we have rejected his prayer and asked him to assist the Court. Counsel has, however, refused to make any submissions.
LAVISHA 2024.10.18 18:55 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh
5. Learned counsel for respondent Nos.2 and 3 – Market Committee has invited our attention to the provisions of the Section 2 (O) of the Punjab Agricultural Produce Markets Act, 1961, to submit that it is the ‘producer’ which is defined under the said section alone, who can claim exemption from payment of market fees. As the partners of the petitioner – firm cannot be treated as producers, it is the firm alone which has already taken licence from the Committee, who would be liable to pay the market fees.
LAVISHA 2024.10.18 18:55 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh
could also not have been done in terms of Section 2(O) of the Act, as partners of the firm cannot be individual producers.
“Producer" means a person who in his normal course of avocation grows, manufactures, rears or produces, as the case may be, agricultural produce personally, through tenants or otherwise, but does not include a person who works as a dealer or a broker or who is a partner of a firm of dealers or brokers or is otherwise engaged in the business of disposal of agricultural produce other than that grown, manufactured, reared, or produced by himself, through his tenants or otherwise. If a question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Deputy Commissioner of the District in which the person carries on his business or profession shall be final.”
LAVISHA 2024.10.18 18:55 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh
through the firm, we do not find any reason to deny the Committee to receive their requisite market fees from the firm.
LAVISHA 2024.10.18 18:55 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh
3 issues framed by the court
Whether partners of a licensed firm can be treated individually as 'producers' under Section 2(O), exempting the firm from market fee liability.
Whether the market fee demand, RDF and penalty on the firm were wrongful or unjustified.
Whether the writ petition was maintainable in view of parallel civil proceedings.
2 provisions across 2 enactments
Petitioner (firm)
Respondent No.2 - Market Committee
Respondent No.3 - Market Committee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
