- (1.) The moot question urged by Sri Parikh is as to whether when an agriculture produce is sold by the trader to the State Government, the market fee payable to the committee constituted under the Krishi Utpadan Mandi Adhiniyam, 1964 has to be paid the seller-petitioner or the purchaser State Respondent no.2.
(2.) Shri C.K. Parekh, learned counsel appearing in support of this writ petition with reference to a Division Bench decision of our own High Court in Shri Vijay Rice Mills Rudrapur Vs. State of U.p.1998 (33) A.L.R. 684 contended that this writ petition be disposed of in the same manner as it was done in Vijay Rice Mills (supra).
(3.) Shri B. D. Madhyan, learned counsel appearing on behalf of Respondent no.6,on the other hand, contended that the question raised by the petitioner now stands authoritatively concluded by two Division Bench judgements rendered by three Judges of the Supreme Court in Krishi Utpadan Mandi Samiti, Hardwar Vs. Indian Food products Ltd. and others, disposed of by judgement and order dated July 19,1999, and thus accordingly following the ratio laid down therein this writ petition be dismissed.;