B.N. Sapru, S.D. Agarwal, J. - (1.) The petitioners have prayed that the respondents be restrained from charging Mandi Fee from the petitioners on the sale and purchase of tobacco.
(2.) In the case of I.T.C. v. State of Karnataka, AIR 1985 (Suppl.) SC 476 it has been held that the Mandi Samiti cannot charge the Mandi fee from tobacco because tobacco comes under the Central List.
(3.) In view of the judgment of the Supreme Court this petition has to be allowed. Accordingly, the writ petition is allowed. The respondents are restrained from realising Mandi fee on the sales and purchases of tobacco and the licence fee from the petitioners. We make no order as to costs. Petition allowed.;