- (1.) BY this order, two writ petitions (C. W. P. No. 2863 of 1991 and C. W. P. No. 6680 of 1991) filed under Article 266 of the Constitution of India are being disposed of. The judgment is being prepared in C. W. P. 2863 of 1991.
(2.) THE petitioner prays for a mandamus directing the respondents not to charge market fee again on the agricultural produce brought for processing. The petitioner is running a roller flour mill at Gurgaon. The petitioner purchases agricultural produce from Gurgaon as well as from other market committee areas situated in the State of Haryana The petitioner claims exemption from payment of market fee at Gurgaon with respect to wheat brought from other market committees on the ground that the market fee had already been paid there. Necessary formalities as required under the rules were observed except that Form LL which were required to be submitted to the respondent Market Committee at Gurgaon within a period of ten days were slightly delayed. On that account the respondent-Market Committee issued notice Annexure P-1 on November 21,1990, calling upon the petitioner to pay the market fee with respect to the wheat brought, details whereof were given in Annexure attached therewith Similarly, on that very day, notice Annexure P-1 was issued to the petitioner calling him upon to pay the market fee Rs. 5,270 92 and with respect to wheat brought in respect of the sale transaction mentioned in annexure attached there to The claim of the petitioner is that since the market fee had already been paid at the places from where the wheat was brought, the Market Committee Gurgaon (respondent No. 3) could not again claim market fee even if there was breach of Rule 30 (5) of the Punjab Agricultural Produce Markets (General) Rules, 1962 (as applicable to Haryana ).
(3.) ON notice of motion having been issued, written statement has been filed by respondent No. 3, stating inter alia that on account of breach of Rule 39 (5) of the Rules aforesaid, the market fee could be claimed,;