SATISH CHANDRA - (1.) THIS is an appeal filed by the Krishi Utpadan Mandi Samiti, Moth.
(2.) It is directed against the judgment of a learned Single Judge allowing a writ petition filed by the Town Area Committee Moth and directing the Appellant not to interfere with the recovery of weighment dues by the Town Area Committee. The Town Area Committee alleged that eversince 1933, it was charging a tax called weighment dues from the traders conducting business in the market of the Town Area Committee under bye -law No. 8 prescribed by the Committee. In 1964 the U.P. Krishi Utpadan Adhiniyam was enacted. This Act contemplates of constitution of Krishi Utpadan Mandi Samiti which has been charged with the duty of regulating the sale and purchase of agricultural produce in the market yards and market areas. The dealers in those areas cannot carry on business except under a licence issued by the Mandi Samiti. It was alleged that the Mandi Samiti of Moth which controls an area including the area within the limits of the Town Area Committee, Moth, issued directions to the traders not to charge anything from the sellers in excess of fifty paise per cent of the sale proceeds. It also prohibited grain dealers from paying any tax by Town Area Committee on transaction of sale and purchase of grain. It alleged that the Mandi Samiti had no authority to interfere with the levy or collection of the weighment dues by the Town Area Committee.
(3.) THE learned Single Judge held that the levy of weighment dues by the Town Area Committee was in law imposition of a tax. Levy or recovery of such a tax is not barred by Section 10 of the Krishi Utpadan Mandi Adhiniyam. The writ petition was allowed and the requisite direction was issued to the Mandi Samiti. Aggrieved the Mandi Samiti has come up in appeal before us.;