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Birbal Nishad & Ors. v. State Of U.P. & Ors. - WRIT - C No. 17596 of 2001  RD-AH 7583 (15 December 2005)
Hon'ble Yatindra Singh,J
This is a writ petition against the recovery for the alleged market fee and development cess for sale of fishes within Krishi Utpadan Mandi Samiti Kopaganj ( the Mandi Samiti).
We have heard the counsel for the petitioners and the Standing Counsel and Mr. B.D. Mandhyan for the respondents.
The counsel for the petitioners submits that the petitioners are selling fishes only for domestic consumption and as such they are neither liable to pay market fee nor development cess.
Under these circumstances, it will be appropriate that the petitioners may file a fresh representation before respondent no.3 within one month from today. In case the representation is filed, the same may be decided by the said respondent by a reasoned order at an early date, if possible, within three months from the date of receipt of the representation. The petitioners will file a certified copy of this order; necessary documents and a duly stamped self addressed envelope along with the objection. The concerned authority after taking decision will communicate the same to the petitioners.
Till the representation of the petitioners is not decided, the recovery proceedings shall be kept in abeyance.
With these observations the writ petition is disposed of.
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