NDLI: M/s. Mahaluxmi Rice Mills and Ors. Vs. State of U.p. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. Krishi Utpadan Mandi Adhiniyam 1964-Section 17(iii)(b)(3)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (25 of 1964)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. Krishi Utpadan Mandi Adhiniyam, 1964-Section 17(iii)(b)(3)-Market fee payable to Market Committee--Whether it shall be paid by seller or purchaser when agricultural produce is sold by a trader to the Government-Held, Market Committee is entitled to collect the fee from seller~Seller can recover the same from purchaser-Government. Appellants, traders carrying on business in rice milling within cer-tain areas notified as market areas u/S 6 of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, were under a duty to sell rice to the State Government as levy by virtue of Clause (3) of the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, which was issued under the Essential Commodities Act. The Market Committee concerned made demands on the appellants to remit the· market fee u/S 17(iii)(b)(3) of the Act. Appellants challenged the demand alleging that when a rice miller gives rice to the Government as levy under the Levy Order it does not amount to a 'transaction or sale' and hence no market fee can be collected thereon; that the State Government is not a 'trader' as contemplated in the sub-clause and hence there is no liability to pay market fee and that even if it was a sale to a trader the liability to pay market fee is on the purchaser i.e. Government and not the miller who sells it to the Government. High Court not accepting any of these contentions dismissed the writ petitions. Hence these appeals. The limited question raised in these appeals was whether the market fee payable to the Market Committee constituted under the Act shall be paid by the seller or purchaser when agricultural produce is sold by a trader to the Government. It was submitted on behalf of the Market Committee that the provisions of the Act are intended to make it feasible and practical for the Market Committee to realise market fee and if the primary liability to pay market fee is that of purchaser and not a seller, the market committee would find it very difficult to collect the fee from the purchaser who might leave the market area after purchasing the agricultural produce. The appellants argued that since clause (3) of Section 17(iii)(b) of the Act allows the seller to collect fee from the purchaser, trader's liability must be fastened with the purchaser and when the purchaser is Government, the market fee is very often not paid by the Government to the seller and in such a contingency it would be unjust for the Market Committee to realise the fee from the seller.
Judge	Hon'ble Mr. Justice K.T. Thomas
Neutral Citation	1998 INSC 313
Petitioner	M/s. Mahaluxmi Rice Mills And Ors.
Respondent	State Of U.p. And Ors.
SCR	[1998] Supp. (1) S.C.R. 8
Judgement Date	1998-08-19
Case Number	555-557

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M/s. Mahaluxmi Rice Mills and Ors. Vs. State of U.p. and Ors.

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