K. J. SHETTY, J. ( 1 ) THIS case is concerned with the right of a Village Panchayat to levy market fees on the sale price of cattle in any market, fair or jatra. The facts are these: ( 2 ) THE Village Panchaya,t of Naganoor in Shorapur Taluk is the petitioner. The said Panchayat is established and governed by the karnataka Village Panchayats and Local boards Act, 1959 (KVP and LB Act ). During the annual jatra connected with a local temple, there will be, a cattle fair at which the agriculturists from far and wide revel themselves- the Panchayat used to provide facilities for conducting the jatra and fair. It also used to collect 50 paise per rs. 100 subject to the maximum of Rs. 5 on the sale price of cattle at the cattle fair. ( 3 ) THE Agricultural Produce Market Committee (Respondent-1) and the Deputy Commissioner, Gulbarga (Respondent-2) have now directed the Panchayat not to collect the said fees. They said that the right to collect such fees has been exclusively vested in the Agricultural Produce Market committee ("the Market Committee") and the Panchayat has been deprived of that jurisdiction. ( 4 ) THE action of the respondents is challenged in this petition under Art. 226 of the Constitution. ( 5 ) MR. Raikote for the petitioner relying on S. 73 (4) of the KVP and LB act, urged that the Market Committee has no jurisdiction to collect fees either on markets, fairs or festivals and Panchayat alone has the power to levy and collect such fees. ( 6 ) BEFORE I examine the correctness of the contention urged for the petitioner, I must refer to the relevant provisions of the Karnataka agricultural Produce Marketing (Regulation) Act, 1966 (The "kapmr act ). Under that Act, the Taluk of shorapur has been declared to be the market area. The territorial jurisdiction of the petitioner-Panchayat inevitably falls within the limits of the market area. Respondent-1-the market Committee is concerned only with the notified agricultural produce, but the agricultural produce defined under that Act includes also livestock, cattle, sheep and poultry. They now form part of the schedule as incorporated by Karnataka Act 17 of 1980. S. 7 of the KAPMR Act provides for establishment of markets for regulating of notified agricultural produce in the market area. They now form part of the schedule as incorporated by Karnataka Act 17 of 1980. S. 7 of the KAPMR Act provides for establishment of markets for regulating of notified agricultural produce in the market area. S. 8 as originally stood provided that after the market was established, no local authority shall, not withs anding any thing contained in any law establish, authorise or continue any place in the market area for the marketing of any notified agricultural produce. The proviso thereunder, however, permitted the local authority to establish a market for retail sale of any notified agricultural produce, subject to certain conditions. But that proviso came to be amended by Karnataka Act 17 of 1980 as follows:"in section 8 of the principal Act in the proviso to clause (a) of subsection (1), after the words 'agricultural produce' the words 'other than cattle, sheep and goats' shall be inserted. "this amendment has thus brought about a radical change. It has totally deprived of the local authority like the Panchayat, the power to establish. or use any place even for a retail sale of cattle, sheep and goats. ( 7 ) COMING back to the contention of sri Raikote, that the Panchayat Committee has got the power to levy tax on fairs, festivals and entertainments and also levy fees on markets under S. 73 (4) of the KVP and LB Act, it is seen that what has been authorised by S. 73 (4) is only to collect the tax on fairs, festivals and entertainments at the rates not exceeding those specified in Schedule I and also fees on markets. Schedule I under the said Act (See clause vii-D) authorises the maximum levy of tax of Rs. 20 on fairs, festivals and entertainments. But that is not what the Panchayat is trying to collect in the present case and that levy, if I may say so, is kept untouched by the provisions of the KAPMR Act. A fee on markets which the Panchayat is empowered to collect under S. 73 (4) of the KVP and lb Act is quite different from the 'market fee which is liable 'o be collected under S. 65 (1) of the KAPMR Act. The former is on the markers or the establishment thereof; the, latter is in respect of the agricultural produce bought or sold in the market area. One has nothing to do with the other. The former is on the markers or the establishment thereof; the, latter is in respect of the agricultural produce bought or sold in the market area. One has nothing to do with the other. ( 8 ) AS seen earlier, when the Panchayat has no jurisdiction to establish or continue the market for the sale of cattle, sheep or goats, it necessarily follows that it has no jurisdiction either to levy fees in respect of the sale of the said live-s'ock. ( 9 ) IN he result, the petition fails and the rule is dicharged. In the circumstances of the case, I make no order as no costs. --- *** --- .