SASA MUSA SUGAR WORKS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals and the special leave petition involve common question of law and they arise out of the common judgment dated January 20, 1994, passed by the Division Bench of the Patna High Court. By the impugned judgment, the Division Bench of the Patna High Court allowed in part the writ petitions filed by several sugar mills of Bihar challenging the validity of Sections 4-A and 4-B inserted by the Bihar Agricultural Produce Markets (Amendment) Act, 1993. Section 33M as inserted by the Bihar Agricultural Produce Markets (Amendment) Act, 1992; notification dated August 31, 1992 issued under Section 4 of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Markets Act), and also challenging the validity of imposition of market fee under the Markets Act in view of exemption of all the sugar mills in Bihar from the provision of Section 15 of the Markets Act under notification dated March 22, 1976. The High Court on the basis of respective contention of the parties in the said writ petitions formulated the following points for the decision of the Court:

(2.) The High Court by the impugned judgment answered the said points formulated by it in the following manner;

(3.) For the purpose of appreciating the rival contentions of the parties, the following facts need be noted: