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Punjab-Haryana High Court

M/S Barmalt Malting (India) Pvt Ltd vs Market Committee Rewari And Anr on 30 July, 2018

Bench: Rajesh Bindal, Amit Rawal

123
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


                                           CWP No.18550 of 2018(O&M)
                                           Date of Decision: 30.07.2018


M/s Barmalt Malting (India) Pvt. Ltd
                                                               ...... Petitioner

                                        versus

The Market Committee, Rewari and another
                                                            ....... Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE AMIT RAWAL Present: Mr. Ajaivir Singh, Advocate for the petitioner.

RAJESH BINDAL J.

The issue raised in the present petition is regarding demand of market fee on the Barley brought by the petitioner from outside the State for processing.

Arguments of learned counsel for the petitioner inter alia is that in terms of the Industrial Policy notified on December 31, 2010, the petitioner is exempted from payment of market fee on Barley as the same is used as raw material by Food Processing Industries. Communications from the Department of Industries to that effect have also been referred to. However, still the claim of the petitioner was rejected.

Learned counsel for the petitioner submitted that in view of Section 40(3) of the Punjab Agricultural Produce Markets Act, 1961 (as applicable to Haryana), the petitioner may be permitted to withdraw the 1 of 2 ::: Downloaded on - 12-08-2018 09:44:46 ::: CWP No.18550 of 2018(O&M) -2- present petitions with liberty to avail of its appropriate remedy before the State Government.

Ordered accordingly.

(RAJESH BINDAL) JUDGE (AMIT RAWAL) JUDGE 30.07.2018 rittu Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 12-08-2018 09:44:47 :::