Pursuant to this numberification, the U.P. Krishi Utpadan Mandi Samiti Muzaffarnagar informed as follows all the traders and companymission agents of the Mandi Area, Muzaffarnagar, Distt.
And with regard to the said object, companysideration has been done by the State Government of all objection and suggestion received by the Director of Agriculture within the prescribed time.
The said stay also came to be modified on 6.8.75 by agreement.
R.2048/XII 8 1498 65, dated September 14, 1967, it is hereby numberified under sub section 1 of section 10 of the U.P. Krishi Utpadan Mandi Adhiniyam 1964 P. Act No.
It has an important bearing since arguments were raised as to the effect of the order of stay, and that is why, we are mentioning at this stage itself.
Thereupon, they came up with an appeal.
The result of the judgment was the validity of U.P. Krishi Utpadan Mandi Act was upheld.
12.6.73, we do number know how the companymission agent can escape the liability.
The trader carrying on business within the jurisdiction of several Market Committees challenged the levy of fee before the High Court of Allahabad from time to time.
The amount of Mandi fee realised in this way shall be deposited as order earlier in the office of the Samiti by the companymission agent traders within the prescribed period and after this numberice numberamount will be deducted as Mandi fee from the seller.
And objections and suggestions if any with regard to the proposed declaration had to be made to the Director of Agriculture within the period specified in the said numberification.
Then again, certain other objections were raised.
A 7756 12B 5 490/72 Dated Lucknow 13, September, 1973 Notification Under the proviso of Sub Section 1 of Section 8 U.P. Krishi Utpadan Mandi Act, 1964, U.P. Act No.
Thereafter, till 1978 the purchasers, were made liable.
XXV of 1964 , that with effect from December 20, 1969, numberperson shall, in the Muzaffarnagar Principal Market yard and the Shahpur and Budhana Sub Market Yards of Muzaffarnagar market Area levy charge or realise any trade charges other than those prescribed under rule 79 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavli, 1966, in respect of any transaction of sale or purchase of the agricultural produce specified vide numberification No.
175 of 1973, the operation of the numberice dated 13.9.73 issued under Section 8 of the Act was suspended in so far as it related to khandsari.
From the Judgment and Order dated 28.1.83 of the Allahabad High Court in C.M.W.P. No.
Though several companytentions were raised before the High Court, only the following points were raised before us by the appellants The liability to pay market fees was on the seller till 1973.
This order was by agreement between the parties.
H 7372/12B 1200 3 69 dated 16.3.71 issued by the State Government with regard to the Agriculture Production in the Muzaffarnagar Mandi area District Muzaffarnagar, under Section 6 of the said Act, in Notification No.
Firstly, the companymission agents were unable to realise the said amount from the purchasers who were scattered all over India.
Thereafter, the Commission Agents were called upon to submit the account for the period 11.10.73 to 12.8.75 in order to fix the liability of the market fee.
25 of 1964 in Notification No.
A Division Bench in Special Appeal No.
However, on 6.8.75 order of stay was modified and the Mandi Samiti was directed to keep the amounts realised by them in a separate account.
There were several rounds of litigation in which they failed.
Hence, these civil appeals by a few of the companymission agents.
H5353A XII B 1047 2 65, dated October 27, 1965.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
An objection was raised by the Traders Association that since numbernotification has been issued under Section 10, market fee was number leviable.
K. Jain, B.D. Aggrawal, Ramesh Chandra and P.K. jain for the Appellants.
To this, a reply was sent by the Director that as early as 9.10.67, a numberification had been issued.
175 of 1973 dated 7.9.77 companycurring with the Learned Single Judge repelled the companytentions and upheld the validity.
The last of the numberification is one issued under Sub Section 1 of Section 8 on 13.9.73, which is reproduced below Government of Uttar Pradesh Agriculture Section 5 No.
7356 7360 of 1983 etc.
The Mandi Samiti informed the Association that the objections were number tenable and the Samiti need number have recourse to Rule 66 to support the market fee and directed the production of account.
Now therefore in exercise of the powers companyferred by part a of Sub Section 1 of Section 8 of the said Act the Governor declares that from 25.9.73 for the purposes of the said Act, the following agriculture products i.e. 1 Khatai Amchur 2 Barseen seed 3 Fodder 4 khansari will be included in the list of agricultural products as indicated in Section 6 of the said Act with regard to the Muzaffarnagar Mandi area District Muzaffarnagar.
The validity of amending Act 10 of 1970 was questioned on various grounds, which, of companyrse, need number companycern us.
The reason was it involves manufacture changing the nature of agricultural produce.
However, by U.P. Act 7 of 1978, a new sub clause came to be introduced retrospectively with effect from 12.6.73.
As a result, Writ Petitions were filed challenging the demands for the period 11.10.73 to 12.8.75.
In order to get over this difficulty, the definition of agricultural produce was amended by U.P. Act 10 of 1970, and as a result, gur, rab, shakkar and khandsari and jagger became agricultural produce.
6477, 6606, 6602, 6608, 6517 of 1981.
Even to that agreement, the appellants were number the parties.
C. Agrawala for the Respondents.
Further to his, a demand numberice was issued and the appellants were also informed should the market fee be number paid, it would be realised by way off arrear of land revenue.
The appellants, companymission agents were carrying on trade in the numberified market area.
The Judgment of the Court was delivered by MOHAN, J. Since companymon points of law are involved, all these appeals are dealt with under one judgment.
H 5353 A/12B 1047 2 /65 dated 27.10.65, the Government had made a declaration of its objects including in the specified agricultural production in the list.
By order Sd A.P. Singh Deputy Secretary.
