- (1.) The petitioners, 36 in number, who are commission agents/whole-sellers of vegetables and carrying on their business within the market area of Mandi Samiti, Barua Sagar, District, Jhansi (hereinafter in short called as the 'Mandi Samiti') after obtaining necessary licences under the provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter in short called as the 'Act, 1964') and are also paying the requisite market fee as prescribed by Section 17(3)(b) of the said Adhiniyam, have preferred the present writ petition seeking following reliefs: A- An order, direction or writ in the nature of certiorari quashing the public notice dated 31.3.2001 and the order dated 31.3.2001 of the Chairman, Nagar Palika Parishad, Barua Sagar, District Jhansi. B- An order, direction or writ in the nature of Mandamus commanding the Respondent No. 1 not to realise any weighment tax from the petitioners on the basis of the bye-laws dated 12.2.1945 published in the official Gazette on 17.2.1945. C- An order, direction or writ in the nature of Mandamus declaring the above mentioned bye-laws as ultra vires the provisions of Section 128 of the U.P. Municipalities Act and Section 10 of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 and the rules framed thereunder. D- Such other and further order, direction or writ of suitable nature which this Hon'ble Court may deem fit and proper in the circumstances of the case. E- An order awarding cost of this petition to the petitioners.
(2.) By the impugned order as well as public notice dated 31st March, 2001 Nagar Palika Parishad, Barua Sagar, Jhansi, the respondent No. 1 herein, (hereinafter in short called as the 'Nagar Palika Parishad') has directed that the commission agents/whole-sellers are liable to pay weighment tax on every transaction of sale or purchase of vegetables within the municipal limits.
(3.) Mr. A.B. Saran, learned Senior Counsel appearing for the petitioners, has contended that Section 10 of the Act, 1964 prohibits realisation of any trade charges other than those prescribed by the rules or bye-laws made under this Act in respect of any transaction or sale or purchase of the specified agricultural produce. For the purpose of better understanding Section10 of the Act, 1964 is quoted below: 10. No trade charges permissible except as prescribed by Rules or bye-laws.-(1) As from the date to be notified by the State Government in the Gazette, no person shall, in a Principal Market Yard or Sub-Market Yard, levy, charge or realise, any trade charges, other than those prescribed by rules or bye-laws made under this Act, in respect of any transaction of sale or purchase of the specified agricultural produce and no Court shall, in any suit or proceeding arising out of any such transaction, allow in any claim or counter claim, any trade charges not so prescribed. (2) All trade charges shall be payable by the purchaser.;