- (1.) Leave granted. Heard learned counsel for the parties
(2.) The questions raised for decision in the appeal are as to whether Respondents 1 to 3 who purchased khairwood and processed the same and manufactured "katha" are "producers" within the meaning of the Himachal Pradesh Agricultural Produce Markets Act, 1969 (9 of 1970 (hereinafter referred to as "the Marketing Act") and whether the said respondents are also "dealers" within the meaning of the Marketing Act and therefore they are required to obtain licence for their trading activities under the said Marketing Act
(3.) Respondent 1, Shanker Trading Co. Pvt. Ltd. , is a private limited company which has established its sale depot at Una which is within the jurisdiction of the Marketing Committee at Una within the State of Himachal Pradesh. The respondents purchased khairwood and processed the said khairwood by subjecting the wood to various physical and chemical processes and converted the khairwood into "katha". Appellant I, Himachal Pradesh Marketing Board, and Appellant 2, Marketing Committee, Una, constituted by the Himachal Pradesh Marketing Board under the Marketing Act, required respondent 1 Shanker Trading Co. Pvt. Ltd. , to obtain licence and pay the requisite market fee 1% on the sale of katha which are processed by the said respondent during the marketing year. The said demand for obtaining licence and to pay the requisite market fee was made on the footing that the respondents who produce katha are "manufacturers" and as they also act as dealers of "katha" under the Marketing Act, they were required to obtain licence for the trading activities within the market area and to pay the requisite market fee for such trading activity.;