- (1.) This order shall dispose of two writ petitions filed under Article 226 of the Constitution as similar questions of law and facts are involved. It may be recalled that Hon'ble the Supreme Court had issued directions in the case of Kewal Krishan Puri and another v. State of Punjab and others, 1980 1 SCC 416 by striking down the enhancement of market fee from 2% to 3%.
(2.) However, Hon'ble the Supreme Court did not issue any direction for refund of excess market fee beyond 2% paid to the market committees which led to the filing of another round of litigation.
(3.) Hon'ble the Supreme Court in the case of M/s Shiv Shankar Dal Mills etc. v. State of Haryana,1980 2 SCC 416 held that the excess market fee charged from the commission agents be refunded. Hon'ble the Supreme Court issued following directions: "Keeping in mind these guidelines we make teh following directions: I. Subject to the directions given below, all the sums collected by the various market committees who are respondents in these various writ petitions or appeals shall be liable to be paid into the High Court of Punjab and Haryana within one week of intimation by the Registrar of the amount so liable to be paid into the Court. II. A statement of the amounts collected in excess (1%) shall be put into this Court by the dealers with copies to the various market committees aforesaid and furnished to the writ petitioners and appellants within 10 days from today, and if there is any difference between the parties it shall be brought to the notice of this Court in the shape of miscellaneous petitions. On final orders, if any passed thereon by this Court, those amounts, as to determined, shall be treated as final. III. The Registrar of the High Court shall issue public notice and otherwise given due publicity to the fact that dealers who have not passed on the liabilities to others and others who have contributed to or paid the excess one per cent covered by these writ petitions and appeals may make claims for such sums as are due to them from his within one month or such other period as he may fix. The Registrar shall scrutinise such claims and ascertain the sums so proved. He will thereupon demand of all the market committees concerned payment into the Registry of such sums in regard to which proof of claims have been made. On such intimation, the market committees shall pay into the Registry the amounts so demanded by the Registrar within one week of such intimation. The amount shall be paid together within interest at 10 per cent per annum from to day up to the date of deposit with the Registrar. IV. It shall be open to the Registrar to make such periodical claims on appropriate proof by claimants on the line stated above. V. He will devise the mechanics of processing the claims as best as he may and, in the event of dispute, may refer to the High Court for its decision of such disputes, if he thinks it necessary. Otherwise, he may dispose of the objections finally. VI. If any further directions regarding the mechanics of the claim of refund or otherwise are found necessary from this court, the High Court will report about such matter to this Court and orders made thereon will bind the parties. VII. If parties eligible for repayment of amounts do not claim within one year from today the Registrar will not entertain any further claims. It will be open to such parties to pursue their remedies for recovery for any sums that may be due to them. VIII. Each State Marketing Board will deposit within 10 days from today a sum of Rs. 5,000/- before the Registrar for the preliminary expenses of publicity and other indentals for the implementation of the directions given above. Any unexpended amount at the end of one year, will be repaid to the respective State Marketing Board. IX. We further direct that the unclaimed amounts, if any, shall be permitted to be used by the respective Marketing Committees for the purposes falling within the statute as interpreted by this Court in the C.A. No. 1083/77.";