LIPTON INDIAN LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Bihar State Agricultural Marketing Board (Marketing Board for short) held that Anik Spray (Skimmed Milk Powder) is an "agricultural produce" and therefore, market fee was payable. The Director, Marketing Board asked the Secretary, Agricultural Produce Market Committee. Jamshedpur (Market Committee for short) to recover the market fee from Hindustan Lever Limited (now merged with the petitioner M/s. Lipton India Limited) vide letter No. 1424/Patna dated 2nd March, 1983. The Marketing Secretary, Market Committee. Jamshedpur, in its turn, informed the petitioner vide letter No. 1595/Jam dated 31st July, 1986 and letter No. 1913/Jam dated 8th September , 1986 to pay the market fee on sale of Anik Spray,(Skimmed Milk Powder) being payable under the Bihar Agricultural Produce Market (Amendment) Act, 1982, failing which action under Section 31 B and 32B of the Bihar Agricultural Produce Markets Act, 1960 was threatened to be taken.

(2.) The petitioner challenged the aforesaid decision and directions, contained in letter No. 1424/Patna dated 2nd March, 1983 letter No. 1595/Jam dated 31st July, 1986 and letter No. 1913/Jam dated 8th September, 1986.

(3.) In the writ petition, the only plea as was taken by the petitioner was that the Milk having been deleted from the Schedule of the Bihar Agricultural Produce Markets Act, 1960, vide S. O. No. 1002 dated 21st August, 1984 and the "Skimmed Milk Powder" having not been included in the schedule the authorites had no jurisdiction to impose Market Fee on the sale of "Skimmed Milk Powder".