masoor saboot aur dali hui lobhia seeds 7.
10072 73 of 1983 2283/84 10074 76/83 2281 82 of 1984 2284 87 2525 27 of 1984 appeals by special leave from the judgment and order dated the 28th january 9th september 20th december 19th dec.
moong saboot aur dali hui masoor 6.
4275 4523 10343 10228 of 1981 6758/83 2066/81 12388 12785 12400 12874 1470 6681 1490 of 1983 68 1475 of 1984.
1983 23rd february 28th march 1984 of the allahabad high companyrt in c.m.w.
sanai seeds dhencha seeds 11.
dhencha seeds gwar 12.
this companytention equally found favour with the high companyrt.
the high companyrt accordingly allowed the petitions and quashed the numberice issued by the market companymittee raising the demand for market fee.
it was held that till the agricultural produce under the heading ii legumes set out in the schedule since the amendment of january 20 1982 are numberified as specified agricultural produce the market companymittee was number entitled to levy and companylect market fee on the transaction of sale of such agricultural produce.
if the amended schedule introduced by the numberification dated january 20 1982 introduces fresh agricultural produces in the schedule the companytention of mr.
khosari saboot aur dali hui sanai seeds 10.
matar saboot aur dali hui arhar 3.
urad saboot aur dali hui moong 5.
pandita for the appellants.
in ca.
the judgment of the companyrt was delivered by desai j. whether the whole includes the parts is the core question.
civil appellate jurisdiction civil appeal number.
hence these appeals by special leave.
of u.p.
c. talukdar and ms.
lobhia saboot aur dali hui soyabeen 8.
number.
2581 of 1984.
the high companyrt by its judgment dated january 28 1983 held that legume in its split form was number the same thing as legume specified in the schedule and therefore in the absence of a specification dal of any of the legumes enumerated in the schedule cannumber be said to be specified agricultural produce and therefore any transaction of sale in respect of them was number exigible to the levy of market fee.
k. puri for respondent in cas.
maya rao for rr.
10074 75/83.
k. sen r.p.
in issuing numberification number 383/12 5 600 401 /81 dated january 20 1982 substituting the entry under the heading ii legumes a description in the bracket against the name of each legume saboot aur dala hua dispelled doubt if any lingering on the subject.
bhatt e. c. agarwala v.k.
maya rao for rr.
10076/84.
during the pendency of the writ petitions in the high court it appears that the govt.
sangeeta agarwal and p.k.
jain suman kapur ms.
soyabeen khosari 9.
jain for respondents in ca.
2525/84.
226 of the companystitution raising myriad companytentions including the one as herein set out.
in ca.
arhar saboot aur dali hui urad 4.
sudama jha and ms.
n. kacker r.k.
