JUDGEMENT
PUSHPENDRA SINGH BHATI,J. -
(1.) With the consent of learned counsel for the parties, the matters have been heard finally.
(2.) These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:
"a. Set aside and quash the common order dated 16.03.2010 (Annexure 12) passed by the respondent No.2 in Appeal No.12/2009;
b. direct the respondent authorities not to levy any market fee on purchase of agricultural produce including legume by the petitioner firm for being used for industrial purpose and declare that the levy of Mandi Fee on agricultural produce including legume by the respondents is ultra vires, illegal and void;
c. declare that the provisions of Rajasthan Agricultural Produce Market Act, 1961 and the Rajasthan Agricultural Produce Market Rules, 1963 are not applicable to the petitioner firm; d. restrain the respondents for levying, imposing, demanding and recovering market fee from the petitioner firm on the purchase of agricultural produce including legume from outside the State of Rajasthan;
e. declare that Rule 58 of the Rules of 1963 is not applicable on the petitioner firm and is ultra vires qua the industrial concerns like petitioner firm; f. in the alternative and without prejudice the notification dated 27.04.2005 may kindly be quashed.
g. grant such further relief(s) which in the facts and circumstances of this case may do complete justice to the petitioner firm; and h. award cost of this writ petition to the petitioner firm."
(3.) For the purpose of the present adjudication, the pleadings and facts are being taken from S.B. Civil Writ Petition No.8403/2010.;
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