- (1.) The present batch of writ petitions has been filed by the petitioners challenging the order passed by the Director, Agriculture Produce Marketing Board, Pant Krishi Bhawan, Jaipur, whereby the dispute with regard to application of Section 17 of the Rajasthan Agriculture Produce Market Act, 1961 has been decided against the petitioners.
(2.) Counsel appearing for the petitioners submitted that initially S. B. Civil Writ Petition No. 14117/2010 (M/s. Parle Products Pvt. Ltd. Vs. The State of Rajasthan & Ors. ) was dismissed by the Co-ordinate Bench by passing the order dt. 23 rd July, 2012 and the Misc. Application No. 405/2012 filed for recalling the order dt. 23rd July, 2012 was also dismissed vide order dt. 2 nd September, 2013.
(3.) Counsel submitted that the petitioner-M/s. Parle Products Pvt. Ltd. preferred D. B. Special Appeal (Writ) No. 916/2013 before this Court and this Court vide its order dt. 23 rd October, 2018, allowed the Special Appeal and further restored the appeal filed before the Appellate Authority while permitting the parties to file additional documents before the Appellate Authority. Counsel submitted that the Division Bench while allowing the appeal also stayed the demand raised by the respondents till decision of the appeal. The order passed by the Division Bench in the case of Parle Products Pvt. Ltd. is reproduced hereunder:- "As per the decision of the Supreme Court if the sale took place i. e. title in the goods passed outside the State of Rajasthan and the goods were brought for consumption to manufacture confectionery/bakery products no market fee would be leviable. This aspect has not been considered by the Appellate Authority. We set aside the order dated 17. 05. 2010 passed by the Appellate Authority. We restore the appeal No. 16/2010 before the Appellate Authority. We permit the parties to file additional documents before the Appellate Authority. Till the appeal is decided the demand raised by the respondents upon the appellant shall remain stayed. " ;