D. P. S. Chauhan. - (1.) Consequent upon realisation of market fee by the Mandi Samiti directly from the petitioners, in respect of transactions of buying of the Tendu leaves from the U P. Forest Corporation and Tarai Anusuchit Jan Jati Vikas Nigam. they approached this Court by way of writ petitions under Article 226 of the Constitution of India, seeking in main and stressing upon a relief for issue of a writ in the nature of mandamus commanding the respondent Mandi Samitis for not demanding or realising the market fee directly from them. The bunch of such writ petitions involving same controversy came up for hearing before us and is proposed to be disposed of by a common judgment.
(2.) Here in these petitions, we are concerned with two State enactments:- (i) the U. P. Tendu Patta (Vyaper Viniyaman; Adhiniyam, 1972 (for brevity, hereinafter referred to as 'the Tendu Patta Act') and the rules framed thereunder (for, brevity, hereinafter referred to as the Tendu Patta Rules) whereunder in matter of Purchases and distribution of Tendu leaves and for allied matters, a state monopoly has been created and the State Government vide Notification No. 1087/XIV-2-29/83 dated April 7, 1983, appointed the U. P. Forest Corporation, Lucknow (for brevity, hereinafter referred to as 'the Corporation') as its agent which was succeeded by the Tarai Anusuchit Jan Jati Vikas Nigam Limited, Lucknow (for brevity, hereinafter referred to as 'the Nigam') whereunder there were two categories of buyers of Tendu leaves (i) the manufacturer of Bidis and (ii) the exporters of Tendu leaves, and such buyers are required to get themselves registered with the concerned authorities and are issued a certificate of registration. Only such persons are entitled for participation in the buying of Tendu leaves by giving tender or offering bid in the auction, who, on settlement of sale in their favour, are appointed as purchasers and had also to fill up an agreement. The Tendu leaves are the commodities used only in the manufacture of Bidis ; and (ii) the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (for brevity, hereinafter referred to as 'the Mandi Act') and the rules framed thereunder (for brevity, hereinafter referred to as 'the Mandi Rules) where under the entire State was divided into various market areas and Committee constituted for each area was called the Mandi Samiti. The Tendu leaves come within the category of specified agricultural produce under the Mandi Act.
(3.) In some writ petitions purchases of Tendu leaves were made from the Corporation and in some from the Nigam. In writ petitions No. 282 of 1988, 4308 of 1986, 4307 of 1988, 22770 of 1987, 21118 of 1986, 21405 of 1986 and 2t406 of 1985, the petitioners are the buyers of Tendu leaves from the Corporation/the Nigam in the capacity of exporters of Tendu leaves ; whereas in writ petitions No. 18589 of 1986,928 of 1987 and 1307 of 1987, the petitioners are the buyers of Tendu leaves from the Corporation for selling the same to the Bidi manufacturers within the State.;