JAI DURGA RICE MILL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common facts and issues are involved in all these writ petitions, they are being disposed of by this common order.

(2.) The writ petitions have been filed for the following relief(s)-

(3.) The petitioners seem to be apprehending levy of market fees by the respondent No.3. for the paddy which they intend to mill at their Rice Mills which is coming from outside the territories of the State of Chhattisgarh. Learned counsel for the petitioners referring to the judgment of Supreme Court in case of Gujarat Ambuja Exports Limited and Another Vs. State of Uttarakhand and Others, 2016 (3) SCC 601 submits that the pari-materia provision applicable in the State of Uttarakhand has already been struck down by the Supreme Court in the aforesaid judgment. That, further on the basis of the aforesaid judgment in the case of Gujarat Ambuja (Supra) the Division Bench of this High Court also in bunch of writ petitions, leading case of which being WPC No.1207 of 2019 (Shree Sita Agro Tech Pvt. Ltd. Vs. State of Chhattisgarh and Others) decided on 8/5/2019, have reiterated the stand taken in the said judgment and have in paragraphs 5&6 held as under: