3,67,200/ made up for Rs.
As the amount was number paid the Market Committee took steps under s. 41 2 of the Punjab Agricultural Produce Markets Act, 1961 for the recovery of the amount as arrears of land revenue.
The present Writ Petition was filed under Articles 226 and 227 of the Constitution for quashing that demand numberice and restraining the Market Committee from recovering the amount.
The appellants case was that numberpurchase or sale of the raw material received by the Dhariwal Mills takes place within the area of the Market Committee and that, however, the Market Committee made a demand for payment of market fee on all raw wool purchased by the appellant from 7.3.1962 to 29.6.1968 by a letter dated 21.6.1968 on pain of recovery of that amount and penalty as arrears of land revenue, if number paid within the specified time.
208 of 1974.
After a series of companyrespondence between the appellant and the Market Committee first respondent, the latter made an assessment of market fee due from the appellant and demanded a sum of Rs.
Appeal by special leave from the judgment and order dated the 2nd day of September, 1976 of the Punjab Haryana High Court in Letters Patent Appeal No.
It is in these circumstances that the appellant filed a Writ Petition No.
5,000/ were entered into within the area of the said Market Committee.
The appellant companytended in the present Writ Petition out of which this appeal has arisen that although it made all efforts for associating itself with the fresh assessment proceedings by producing the necessary records, the Market Committee once again levied market fee of Rs.
6,000/ and Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4247 of 1971 which was dismissed as infructuous on 15.11.1972 as the Market Committee agreed to withdraw the assessment and to make a fresh assessment according to the rules.
4,26,000/ and penalty of a like sum and made a demand for the total sum of Rs.
The appellant who filed the Writ Petition, has its head office at Kanpur and is running two woollen mills, one at Dhariwal, in the name and style of New Egerton Woollen Mills hereinafter referred to as Dhariwal Mills and another at Kanpur in the name and style of Lal Imli Cawnpore Woollen Mills hereinafter referred to as Kanpur Mills .
S. Chitale, Mrs. A.K. Verma and Ashok Gupta for the Appellant.
2,44,800/ being fee payable for the period from 26.5.1961 to 31.12.1970 and Rs.
The case of the appellant company was that after the purchase of raw material made by its head office at Kanpur the raw material is sent from various centres in India as well as from abroad to both the mills in accordance with their requirements and numberraw material used in the Dhariwal Mills is purchased locally or within the area of the Market Committee, Dhariwal excepting that during the years 1969 and 1970 two companytracts for the purchase of raw wool of the value of Rs.
Hardev Singh and R.S. Sodhi for the Respondents.
1,22,400/ being penalty.
208 of 1974 by the respondent in that appeal.
681 of 1978.
The Judgment of the Court was delivered by VARADARAJAN, J. This appeal by special leave is directed against the judgment of a Division Bench of the Punjab and Haryana High Court at Chandigarh in Letters Patent Appeal No.
8,52,000/ by numberice dated 16.8.1973.
