This Court disposed of identical writ petitions seeking exemption from market fees by relying on a previous judgment dated 16.05.2019. The Court upheld the direction to constitute a Committee for examination of bills.
Writ petitions disposed of in light of order dated 16.05.2019 in S.B. Civil Writ Petition No.8402/2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2479/2011
M/s. Pediwal Industries through its partner Shri Madan Gopal S/o Shri Radha Kishan, aged 64 years, R/o Ward No.9, Pilibanga, District Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ramswaroop Mali For Respondent(s) : Mr. Mahesh Chandra Bishnoi Mr. L.K. Purohit
JUSTICE DINESH MEHTA
Order
10/07/2019
Learned counsel for the petitioners submits that identical writ petitions have been decided by this Court by a judgment rendered in a bunch of writ petitions led by S.B. Civil Writ Petition No.8402/2010 (Hira Industries Vs. The State of Raj. & Ors.) decided on 16.05.2019 . The relevant portion whereof reads as under:-
"50. In light of the aforesaid observation and directions, this Court disposes of the present writ petitions with a direction that the respondentDirector, Agricultural Produce Marketing Board shall get the matter examined by constituting a Committee, in light of the judgment in M/s. Arihant Udyog (supra) . The petitioners shall be
(2 of 2)
[CW-2479/2011]
required to give all the bills before such Committee, in respect whereof, they are seeking exemption from payment of market fee within a period of 30 days from today. Such Bills shall be examined by the Committee to be constituted by the respondentDirector, Agricultural Produce Marketing Board in pursuance of this order. The Committee shall consider all the bills strictly in accordance with the law laid down in M/s. Arihant Udyog (supra), and the petitioners, only in those bills where the sale was completed outside the State, shall be entitled for exemption from payment of market fee, but in those cases where the sale is continuing and the market fee is leviable, the same shall not be exempted from payment of market fee. Such an exercise by constituting a Committee in pursuance of this Order, shall be completed by the respondents within a period of six months from today. The stay applications also stand disposed of accordingly.”
The instant writ petition is also disposed of in light of the judgment aforesaid.
The petitioner shall also be entitled to produce any other evidence or relevant documents alongwith their bills to show their entitlement as directed by this Court in its order dated 16.05.2019 rendered in S.B. Civil Writ Petition No.8402/2010.
The Stay Petition No.4404/2011 also stands disposed of.
166-Ramesh/-
1 issue framed by the court
Whether the instant writ petition should be disposed of in light of the judgment in S.B. Civil Writ Petition No.8402/2010.
M/s. Pediwal Industries through its partner Shri Madan Gopal S/o Shri Radha Kishan
The State of Rajasthan through the Secretary to the Government, Department of Agricultural (Group-II), Govt. of Rajasthan, Jaipur
The Director, Agricultural Produce Marketing Board, Jaipur
The Agricultural Produce Market Committee, Hanumangarh through its Secretary
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
