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2003 DIGILAW 175 (CAL)

Sethia Oils Limited v. State of West Bengal

2003-04-07

Prabir Kumar Samanta

body2003
JUDGMENT P.K. Samanta, J. The petitioner is the manufacturer of "Rice Bran Oil" and "Deoiled Rice Bran". The petitioner has not yet been levied for fees by the market committees in which the said products are being manufactured and/or taken out for the purpose of selling under the provisions of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972. On the contrary while the aforesaid Rice Bran Oil and Deoiled Rice Bran were passing through the market committees of Pandua and Bolpur, such levy of fees were imposed upon the products of the petitioner. It is not in dispute that such products were not taken out for sale in the aforesaid market committees. The said market committees in their Affidavit-in-Opposition to this writ petition have clearly admitted that the aforesaid products having not been sold in the markets controlled by the aforesaid market committees, such levy of fees cannot be imposed upon them. The said market committees in their Affidavit-in-Opposition further stated that if any fee has been realised by the aforesaid market committees in the meantime from the petitioner then the same shall be refunded to him. 2. In view of such stand taken by the Bolpur and Pandua Regulated Market Committees, this writ petition is disposed of by directing them to refund all such fees as collected by them under section 17 of the said Act while the said products passed through the areas of the said market committees. Such refund be made expeditiously and preferably within a period of one month from the date of communication of this order. The question as to the authority for imposing of such levy under section 17 of the aforesaid Act on the products of the writ petitioner is kept open. 3. Urgent xerox certified copy of this order, if applied for, be given to the learned advocates for the parties on their usual undertaking. Writ petition disposed of.