Krishi Upaj Mandi Samiti, Chhindwara v. Om Prakash Daga
2019-11-06
AJAY KUMAR MITTAL, SANJAY YADAV
body2019
DigiLaw.ai
ORDER Yadav, J. -- 1. These petitions are for review of Order dated 20.6.2016 passed in W.A.No. 973/2015 and W.A.No. 974/2015. These Appeals were directed against the Orders passed in two writ petitions : viz. W.P.No. 6962/2010 (Ashutosh Daga vs. State of Madhya Pradesh & ors.) and W.P.No. 6964/2010 (Om Prakash Daga vs. State of Madhya Pradesh & ors.); wherein the issue was whether when an Amchur (dried mango power) brought and sold within Mandi area would be subjected to market fee though not a scheduled item under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972. It was ruled that the same will not be subjected to Mandi fee and directed for its refund. The Division Bench by Order under Review concurred with the findings and dismissed the Appeal preferred by the Krishi Upaj Mandi Samiti. 2. Review of the Order is now being sough that both the Courts committed an error in directing for refund without a finding that the amount paid towards the Mandi fee was not passed to consumer. 3. In our considered opinion it can hardly be an error apparent on the face of record that the refund has been directed in contravention to the judgment by the Supreme Court in the case of Mafatlal Industries Ltd. & ors. vs. Union of India & ors. (1996) 11 SCC 283 , which may be for argument sake an error of law, instead error on the face of record. But the same cannot be corrected in Review, as the reviewing Court does not assume the power and jurisdiction of an Appellant Forum. 4. As we perceive no error apparent on the face of record, the review petitions are dismissed. No costs.