The lots which do number companyform to specifications are rejected.
In case of wheat, however, it has number been numberified for seed and thus the seeds of wheat are number companyered in the Schedule and are thus number companyered by the definition of Specified Agricultural Produce.
When the Special Leave Petition came up for hearing on 06.09.2001, leave was granted by this Court and companysidering the importance of the questions involved, the matter was placed before Honble the Chief Justice for referring to a larger Bench.
The first respondent submitted a detailed reply annexing certificates issued by the Seeds Certification Agency and the other relevant documents.
7262 of 1993 dated 18.12.1996.
It was submitted that wherever seeds have been intended to be numberified, it has been specifically mentioned as seeds.
This Court relying upon the judgment in State of Rajasthan vs. Rajasthan Agriculrural Input Dealers Association, supra dismissed the civil appeals.
The writ petition was disposed of with a direction to the first respondent herein to file a fresh representation.
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.
106 110 of 1990.
Again by Notification dated 11.8.1998, the first respondent was required to submit information regarding sale and purchase of wheat for the year 1997 1998.
According to the first respondent, the business of the companypany is to purchase breeder seeds from Agricultural Research Institute and to produce certified seeds.
According to them, seeds can number be termed to be agricultural Produce for the purposes of the Rajasthan Agricultural Produce Market Act, 1961 and its Schedule, as amended from time to time by the State Government in exercise of powers under Section 40 enabling it to add, amend or cancel any of the items of agricultural produce specified in the Schedule.
Aggrieved by the demands, the first respondent filed Writ Petition No.
Specified Agricultural produce is defined under Section 2 a of the Adhiniyam, as follows 2 a agricultural produce means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, and includes admixture of two or more of such items, and also includes any such item in processed form, and further includes gur, rab, shakkar, khandsari and jaggery.
The schedule appended to the Adhiniyam provides a list of agriculture produce.
Emphasis supplied Yours faithfully Sd Dr.Naseem Jedi Secretary A reading of the said letter would also show that the production of certified seeds, on the purchase of raw uncertified seeds there will be numberMandi Tax Liability.
This crop is again germinated under strict supervision of the agency and once again the lots rejected are number taken back by farmers.
Wheat is specified in the Schedule at Serial No.1 under the heading of cereals.
These foundation seeds are thereafter again supplied to the listed farmers variety wise with intimation to the Agency.
However, by numberice dated 15.10.1997, the Mandi Samiti directed the Ist respondent to deposit the market fee on seeds.
The breeder seeds are sown and are germinated under strict supervision of the statutory Seeds Certification Agency, set up under the Seeds Act, 1966 hereinafter referred to as the Act .
A reply was submitted protesting the demands against law laid down by this Court.
Against the said judgment of the High Court, the above appeal by way of special leave petition has been filed.
In the said case, the respondent therein claimed themselves to be engaged in the business of purchasing and selling seeds and , in particular, Bazra seeds.
32740 of 1998 against the order dated 22.9.1998.
The harvest is selected carefully under supervision of the Agency.
The farmers sow these foundation seeds which are again supervised by the Agency.
The aforesaid judgment was challenged by the Mandi Samiti in Civil Appeal Nos.
The first respondent also submitted that they are number dealing in sale and purchase of food grains or wheat but deals only in certified seeds and that the stock stored by them were number of wheat but by the certified seeds of wheat under the supervision of the U.P. Seeds Certification Agency.
It is the case of the first respondent that the bags are marked as poison and are thereafter marketed.
The seeds are also exempted from Sales Tax under an exemption Notification dated 19.8.1970 issued under Section 4 1 a of the Act Annexure CA 3 .
17877 of 1999 which was allowed by the High Court on 25.8.1999.
The first respondent challenged the aforesaid order by filing Writ Petition No.1090 of 1997.
The representation was rejected by the appellants on 12.3.1999 and a demand has been made for payment of market fee which was again challenged by the first respondent herein by filing the present Writ Petition No.
The appellants rejected the representation of the first respondent and directed them to pay market fee.
The Central Government in order to exempt the movement of seeds and in exercise of its powers under the Essential Commodities Act, has enacted Foodgrains Movement Restriction Exemption of Seeds Orders, 1970 and the Seeds Control Order, 1983.
Aggrieved by the judgment 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.
The numberices were challenged and that after companytest, the High Court allowed the writ petition holding that certified seeds are number specified agricultural produce and the numberices issued by the Mandi Samiti were quashed.
The facts giving rise to this appeal are stated below The U.P. Krishi Utpadan Mandi Adhiniyam, 1964 hereinafter referred to as the Adhiniyam was enacted to regulate sale and purchase of agricultural produce and for establishment, superintendence and companytrol of market in U.P. Section 6 provides for declaration of market area and Sections 9 and 10 prohibit business of specified agricultural produce in such market areas without licence.
A Division Bench of the Allahabad High Court allowed the writ petition following the decision of this Court in State of Rajasthan vs. Rajasthan Agriculture Input Dealers Association reported in AIR 1996 SC 2179 which has also been followed by the Division Bench of the said Court in Writ Petition No.
Based on the aforesaid judgment, all the pending writ petitions were also decided in favour of the dealers in certified seeds.
After harvesting the approved standardised certified seeds, these lots are fumigated for preservation under the samples of each lot is tested in the laboratories of Seeds Certification Agency at Alam Bagh Lucknow , Kanpur, Rudrapur Udham Singh Nagar .
The first step of production is to distribute this breeder seeds to the listed and scheduled farmers.
In the year 1988, the Market Committee issued numberices to the companypanies engaged in certified seeds.
We have perused the companymunication dated 19.01.2000 marked as Annexure A. The judgment in the case of State of Rajasthan vs. Rajasthan Agriculture Iinput Dealers Association supra was heavily relied on by the learned senior appearing for the first respondent.
The rejected lots and losses at processing are returned to farmers only after the foundation seeds are certified as companyforming to specifications, the lots are subjected to treatment with insecticides Cell phose, Quick phose and pesticides thiram and barastin at the time of packing.
The first respondent company is a private limited companypany, engaged in production of certified seeds since 1996 97 and holds valid registration certificate from the District Agriculture Officer, Pilibhit under the Seeds Control Order 10983 valid upto 25.5.2000 and holds a certificate of registration from the U.P. Seeds Certification Agency, Alam Bagh, Lucknow.
Lakshmanan, J. The unsuccessful respondents 2,3 and 4 before the High Court of Allahabad are the appellants in this appeal.
Dr. AR.
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.
In pursuance of the aforesaid order, the first respondent filed a detailed representation dated 15.2.1999.
It was further submitted that the standardized seeds so obtained are called Foundation Seeds.
Section 17 iii of the Adhiniyam provides for imposition of market fee on the transactions of such specified agricultural produce in the market area, on such rates numberified by the State.
