- (1.) By this petition Under Article 226 of the Constitution the Petitioners have challenged the right of Krishi Utpadan Mandi Samiti, Ram Nagar, district Nainital (hereinafter referred to as Mandi Samiti) to charge market Tee from them Under the provisions of U.P. Krishi Utpadan Mandi Samiti Adhiniyam (hereinafter referred to as the Act).
(2.) The Petitioners are dealing in certain notified agricultural produce within the principal market yard of Ram Nagar. The Mandi Samiti started collecting market fee from them on the transactions of sale and purchase of the agricultural produce taking place within the principal market yard of Ram Nagar. The Petitioners claim that Mandi Samiti has been collecting market fee from them without any authority of law.
(3.) The learned Counsel for the Petitioners raised several points during the arguments but it is not necessary for us to consider all of them as in our opinion the writ petition can be disposed of on a short point. Section 17 of the Act provides that the marketing committee shall have power to levy and collect market fee on the transactions of sale and purchase of specified agricultural produce in the principal market yard and Sub-market yards. According to the Petitioners, no market fee Under Section 17 has been levied so far upon the transaction of sale and purchase of the specified agricultural produce by the Mandi Samiti and, therefore, no market fee can be legally collected from them.;