Rajasthan High Court - Jaipur
M/S Shree Geeta Industries vs State Of Raj And Ors on 6 January, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10932/2010
M/s Manish & Company, Sahab Johara, jail circle, Alwar though
its Propriter Sh. Manish Agarwal S/o Sh. Bhagwan Sahai Gupta
aged about 29 years R/o Plot No. 300 Scheme no. 3 Basant vihar
Alwar.
----Petitioner
Versus
1. The State Of Rajasthan through Secretary, Department of
Agriculture (Group-II) Government Secretariat, Jaipur.
2. The Director, Agriculture Produce marketing Board, Pant Krishi
Bhawan, Jaipur.
3. The Agriculture Produce Marketing committee, "vishishth
Shreni" Alwar.
----Respondent
Connected With S.B. Civil Writ Petition No. 3604/2011 M/s. Shree Geeta Industries, F-138 Bassi Industrial Area, Jaipur. Though Partner Smt. Geeta devi W/o Shri Khaniya lal, Age , R/o 115,Barmies Colony, Jaipur.
----Petitioner Versus
1. State of Rajasthan through Secretary, Agricultural Produce Market Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
3. Krishi Upaj Mandi Samiti, Jaipur, through Secretary.
----Respondents S.B. Civil Writ Petition No. 3606/2011 M/s. Aahish Industries, F-155 Sarna Dunger Industrial Area, Jaipur. Though proprietor Smt. Nita Khandelwal W/o Shri Bharat Bhusan Khandelwal, age 45, R/o B-20, Mukarji colony, Shastri Nagar, Jaipur.
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(2 of 6) [CW-10932/2010]
----Petitioner
Versus
1. State of Rajasthan through Secretary, Agricultural Produce Market Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
3. Krishi Upaj Mandi Samiti, Jaipur, through Secretary.
----Respondents S.B. Civil Writ Petition No. 4035/2011 M/s. Shiv Shakti Product, Village Akahpura Delhi Bypass, Jaipur. Though Partner Deepak Dangayuch S/o Shri Rajendra Dangayuch Age 27 R/o C-15 Metal Colony Ambabari, Jaipur.
----Petitioner Versus
1. State of Rajasthan through Secretary, Agricultural Produce Market Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
3. Krishi Upaj Mandi Samiti, Jaipur, through Secretary.
----Respondents S.B. Civil Writ Petition No. 7503/2011 G.D. Foods Manufacturing (India) Private Limited, S.P.-15-16, RIICO Industrial Area, Neemrana District Alwar (Rajasthan) through authorized person Sunil Khurana S/o Shri Bansi Lal Khurana.
----Petitioner Versus
1. State of Rajasthan through Secretary, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
2. The Additional Director, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
3. Krishi Upaj Mandi Samiti, Khairthal through Secretary.
----Respondents
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S.B. Civil Writ Petition No. 9237/2011 M/s. Deepak Enterprises, New Grain Mandi Dausa through Proprietor Chhagan Lal Machiwal S/o Late Shri Roop Narayan aged about 60 years R/o New Mandi Road Dausa.
----Petitioner Versus
1. State of Rajasthan through Secretary, Agricultural Produce Market Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Agricultural Produce Market Department, Government of Rajasthan, Krishi Bhawan, Bhagwan Das Road, Jaipur.
3. Krishi Upaj Mandi Samiti, Dausa through Secretary.
----Respondent For Petitioner(s) : Mr. Ashwani Jangid Adv. For Respondent(s) : Mr. Ajay Pratap Singh Dy. G.C., Ms. Manju Joshi Adv. with Ms. Neetu Singh Choudhary Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 06/01/2020 The present batch of writ petitions has been filed by the petitioners challenging the order passed by the Director, Agriculture Produce Marketing Board, Pant Krishi Bhawan, Jaipur, whereby the dispute with regard to application of Section 17 of the Rajasthan Agriculture Produce Market Act, 1961 has been decided against the petitioners.
Counsel appearing for the petitioners submitted that initially S.B.Civil Writ Petition No. 14117/2010 (M/s. Parle Products Pvt. Ltd. Vs. The State of Rajasthan & Ors.) was dismissed by the Co-ordinate Bench by passing the order dt.23 rd July, 2012 and the Misc. Application No.405/2012 filed for recalling the order dt. (Downloaded on 09/01/2020 at 09:19:23 PM)
(4 of 6) [CW-10932/2010] 23rd July, 2012 was also dismissed vide order dt. 2 nd September, 2013.
Counsel submitted that the petitioner-M/s. Parle Products Pvt. Ltd. preferred D.B. Special Appeal (Writ) No. 916/2013 before this Court and this Court vide its order dt. 23 rd October, 2018, allowed the Special Appeal and further restored the appeal filed before the Appellate Authority while permitting the parties to file additional documents before the Appellate Authority. Counsel submitted that the Division Bench while allowing the appeal also stayed the demand raised by the respondents till decision of the appeal. The order passed by the Division Bench in the case of Parle Products Pvt. Ltd. is reproduced hereunder:-
"As per the decision of the Supreme Court if the sale took place i.e. title in the goods passed outside the State of Rajasthan and the goods were brought for consumption to manufacture confectionery/bakery products no market fee would be leviable.
This aspect has not been considered by the Appellate Authority.
We set aside the order dated 17.05.2010 passed by the Appellate Authority. We restore the appeal No.16/2010 before the Appellate Authority. We permit the parties to file additional documents before the Appellate Authority.
Till the appeal is decided the demand raised by the respondents upon the appellant shall remain stayed."
Counsel submitted that on the basis of judgment passed by this Court in the case of Parle Products Pvt. Ltd.(supra), the Co- ordinate Bench allowed S.B. Civil Writ Petition No.7792/2011(M/s. Rameshwar Udyog Vs. State of Rajasthan & Ors.) vide its order dt. 31st October, 2019. (Downloaded on 09/01/2020 at 09:19:23 PM)
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Counsel appearing for the respondents-Ms.Manju Joshi
submitted that the Principal Seat at Jodhpur while deciding S.B.Civil Writ Petition No. 8402/2010 (Hira Industries Vs. The State of Rajasthan) and other connected writ petitions vide common order dt. 16th May, 2019, gave a direction to the Director, Agricultural Produce Marketing Board to get the matter examined by constituting a Committee, in the light of the judgment in M/s. Arihant Udyog Vs. State of Rajasthan & Ors.(Civil Appeal No. 8277/2017 decided on 9th June, 2017).
Counsel submitted that the present batch of writ petitions may also be decided by this Court in the light of the judgment passed by the Principal Seat at Jodhpur in the case of Hira Industries (supra).
I have heard the submissions made by counsel for the parties and perused the material available on record.
This Court finds that the Division Bench of this Court while passing the order dt. 23rd October, 2018 in D.B. Special Appeal (Writ) No. 916/2013 (M/s. Parle Products Pvt. Ltd. Vs. The State of Rajasthan & Ors.) has taken a view that the Appellate Authority has to re-examine the matter and the appeal filed by the parties has been restored and further the Division Bench has permitted the parties to file the additional documents before the Appellate Authority and the parties concerned have to satisfy with regard to the sale, whether it has taken place within the State or title of the goods passed outside the State of Rajasthan and the goods were brought for consumption to manufacture confectionery/bakery products, and thus no market fee would be leviable.
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(6 of 6) [CW-10932/2010] This Court finds that once the Division Bench has taken a view in Parle Products Pvt. Ltd.(supra), the present batch of writ petitions are also required to be decided in the same terms.
Accordingly, the present batch of writ petitions stand allowed and the appeals, which have been filed by the petitioners before the Appellate Authority are restored and the petitioners would be free to file additional documents within a period of six weeks from the date of receipt of certified copy of this order.
The Appellate Authority after receiving the additional documents would decide the appeal within a period of eight weeks. Till the appeal is decided within eight weeks, after receipt of the additional documents, the demand raised by the respondents shall remain stayed till decision made by the Appellate Authority in the stipulated time.
Accordingly the present writ petitions stand disposed of. A copy of this order be separately placed in each file.
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