KRISHI UTPADAN MANDI SAMITI Vs. PILIBHIT PANTNAGAR BEEJ LIMITED

JUDGEMENT

(1.) THE unsuccessful respondents 2,3 and 4 before the High Court of Allahabad are the appellants in this appeal. THE writ petition was filed by the first respondent herein to quash the order dated 12.03.1999 (annexure 17 to the writ petition) and for mandamus restraining the appellants herein from interfering in the business in certified seeds either before or after processing and further in restraining the appellants from demanding and realising market fee on the transaction of unprocessed or processed certified seeds.

(2.) A Division Bench of the Allahabad High Court allowed the writ petition following the decision of this Court in State of Rajasthan v. Rajasthan Agriculture Input Dealers Association which has also been followed by the Division Bench of the said Court in writ petition no. 7262 of 1993 dated 18.12.1996. The High Court quashed the impugned order dated 12.03.1999 and also held that the respondents in the writ petition/appellants herein cannot charge mandi fee on the seeds in which the first respondent herein deals. Aggrieved by the judgement of the High Court in Civil (M) No. 17877 of 1999 dated 25.08.1999, a special leave petition was filed under Article 136 of the Constitution of India. When the special leave petition came up for hearing on 06.09.2001, leave was granted by this Court and considering the importance of the questions involved, the matter was placed before Hon'ble the Chief Justice for referring to a larger bench.

(3.) THE instant appeal raises the following Questions of law: