- (1.) BY the Court.- This case is covered by a decision of a Division Bench of this court in the case of M/s. Hira Lal Ayodhya Prasad v. State of U. P. reported in 1985 U. P. L. B. E. C. page 705 as well as later a Full Bench decision, which has approved the former, in the writ petition No. 5627 of 1988 and connected writ petition decided on 2-4-1990 (Lucknow Bench). The view expressed in these decisions is that Lauta or Lauta Pari Gur and Raskat are not a scheiuled items of agricultural produce nor a processed form thereof. Consequently market fee is not leviable on these items.
(2.) SRI B. D. Mandhyan learned counsel for the Mandi Samiti very fairly conceded that the controversy is directly covered by the dtcisions cited above. In this view the petition succeeds and is allowed. The respondents are restrained from levying or releasing market fee on the transactions of Lauta or Lauta pari Gur or Raskat from the petitioners, and, if the respondents have realised from the petitioners market fees in respect of transactions in such articles during the pendency of this writ petition the same shall be refunded together with interest thereon at the rate of 12% per annum within a month of the submission of a certified copy of this order. There will be no order as to costs. Petition allowed.;