- (1.) Being aggrieved by and dissatisfied with impugned order dated 25th April, 2007 passed by Chairman, West Bengal State Marketing Board holding the petitioners liable to pay market fee in relation to the transaction of Tobacco and Kendu Leaves in the notified market area for manufacturing 'Biri', the writ petitioners moved this writ petition. FACTS:-
(2.) The petitioners are claiming that they are engaged in manufacturing 'Biri'. They purchase raw materials i.e. Kendu Leaves and Tobacco from outside the State and utilise the same for manufacture of 'Biri' in their own manufacturing unit. They are neither storing for sale nor processing for sale nor they are engaged in purchase and sale of Kendu Leaves or Tobacco in the notified market area. These two items are agricultural produce under West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 hereinafter referred to as "the Act". Since the petitioners are not engaged in sale transaction of Tobacco and Kendu Leaves in the notified market area, they claim, they are neither required to take license in terms of Section 13 (1) nor they are liable to pay fees in terms of Section 17 of the Act of 1972. It was alleged by the petitioners that although they are not engaged in selling Kendu Leaves or Tobacco within the notified market area the concerned marketing committee by coercion compel them to pay fees. According to petitioners Kendu Leaves and Tobacco are produced outside the State of West Bengal and petitioners purchase the materials from Orissa and other States for manufacturing 'Biri' through their manufacturing unit situates at different places in the district where they transfer the items by truck what is called "stock transfer".
(3.) In the manufacturing units kendu leaves are cut it into pieces and these pieces are wind up with tobacco for manufacturing a totally different product i.e. 'Biri' which is admittedly not agricultural produce. Thereafter raw 'Biri' is baked and in this way a new product is manufactured. Since 'Biri' is not scheduled as agricultural produce the concerned respondents are not authorised to claim any fee on it. However, the respondent market committee compelled the petitioners to take license under the Act knowing fully well that those items are used as raw materials for manufacture of 'Biri'.;