R.B. Mehrotra, J. - (1.) In both the aforesaid First Appeal From Orders similar facts are up for consideration and similar question of law are involved, as such both the appeals have been heard and are being decided together First Appeal From Order No. 857 of 1995 has been treated as leading case.
(2.) Agrawal Khandsarl Udyog and 9 others filed Civil Suit No. 177 of 1995 in the court of the Civil Judge, Bijnor impleading Krishi Utpadan Mandi Samiti, Chandpur, district Bijnor through its secretary as defendant No. 1, Secretary, Krishi Utpadan Mandi Samiti, Chandpur, district Bijnor as defendant No. 2 and Sabhapati Krishi Utpadan Mandi Samiti Chandpur, district Bijnor as defendant No. 3.
(3.) The plaintiffs' case as stated in the plaint of original Suit No. 177 of 1995 are : The plaintiffs are the partnership concerns and the Units of the plaintiffs are situate within the limits of Krishi Utpadan Mandi Samiti, district Bijnor. The plaintiffs are carrying out business of manufacturing Gur, Gur Badla, Rab, Selawat and Khandsari. It was further stated that the plaintiffs are doing business of manufacturing the aforesaid products by processing sugarcane and are purchasing the sugarcane for the purposes of production. Sugarcane is not a specified agricultural produce on which the market fees should be levied. It was further stated that the plaintiffs are not purchasing or selling any material within the market area of defendant No. 1. The plaint alleged that the plaintiffs used to send their own produce to various Mandis for sale on commission basis through commission agents. As such the plaintiffs are neither selling nor purchasing any specified agricultural Produce within the market an a and it was further contended that on the afore said basis, no licence fee is impossible on the plaintiffs under the provisions of U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred as the Act).;