AGRICULTURAL PRODUCE MARKET COMMITTEE Vs. AMOD GROUP CO-OPERATIVE SALES GINNING AND PRESSING SOCIETY LTD

JUDGEMENT

(1.) THIS petition is filed by the Agricultural Produce Market Committee, Bharuch, challenging the order dated 23rd March 2000 passed by the Deputy Secretary, Agriculture and Cooperation Department, Government of Gujarat. By the said order, revision application of respondent No. 1 herein came to be allowed.

(2.) FROM the record, it emerges that respondent No. 1 Cooperative Society is engaged in the process of cotton pooling. On the said activity, the petitioner APMC wanted to collect cess under section 28 of the Gujarat Agricultural Produce Market Act (the Act for short ). Respondent No. 1 challenged the said decision before the Director of Agriculture who by his order dated 20th May 1999 dismissed the appeal upon which the matter was carried further in revision by respondent No. 1, at which stage, the Deputy Secretary, allowed the revision by the impugned order.

(3.) LEARNED advocate Shri Divyeshwar appearing for the petitioner contended that the petitioner is entitled to collect cess under section 28 of the Act. The Deputy Secretary, therefore, erred in allowing the appeal of respondent No. 1 Society. He placed reliance on a decision of this Court in the case of Chhaganlal v. A. P. M. C. Dohad, 1975 GLR 916.