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BIRBAL NISHAD & ORS. versus STATE OF U.P. & ORS.

High Court of Judicature at Allahabad

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Birbal Nishad & Ors. v. State Of U.P. & Ors. - WRIT - C No. 17596 of 2001 [2005] RD-AH 7583 (15 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble  Yatindra Singh,J

Hon'ble  R.K.Rastogi,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.

15.12.05

MLK/9

WP 17596/01


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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