- (1.) This group of appeals arise out of challenge to the levy of market fee on purchase of sugarcane by the sugar factories from the sugarcane growers and also on sales of sugar by the sugar factories to the Food Corporation of India and other purchasers of sugar.
(2.) Civil Appeals Nos. 629, 630 and 631/2001 arise out of the suits filed by the sugar factories challenging the levy of market fee on purchase of sugarcane by them and also demand of fee said to be collected on the sales of sugar from the Food Corporation of India and other buyers of sugar. In suits, applications were moved for grant of interim injunction which was allowed by the trial Court. Ultimately, the suit was decreed by the trial Court and a permanent injunction was issued restraining the deft market committees from realising the market fee as prayed for in the suit. Aggrieved, the market committees preferred first appeals before the High Court. The High Court allowed the appeals and reversed the decree of the trial Court. However, Letters Patent Appeals preferred by the respondent-sugar factories were allowed following the Constitution Bench's decision of this Court in Belsund Sugar Co. Ltd. vs. State of Bihar and others, reported in (1999) 9 SCC 620. It is against the said decision, the present appeals have been filed.
(3.) C.A. Nos. 4769, 4770 and 5461/1998 arise out of the writ petitions filed by the appellant-sugar factories challenging the aforesaid levy. The writ petitions were dismissed. It is against the said judgment, the present appeals have been filed. It is not disputed that all these appeals stand concluded by the judgment of this Court in Belsund Sugar Co. (supra).;