Madhya Pradesh High Court
Eagle Seeds And Biotech Ltd. vs Madhya Pradesh Rajya Krishi Vipnan ... on 26 September, 2019
1 WP-8132-2018
The High Court Of Madhya Pradesh
WP-8132-2018
(EAGLE SEEDS AND BIOTECH LTD. Vs MADHYA PRADESH RAJYA KRISHI VIPNAN BOARD)
16
Indore, Dated : 26-09-2019
Shri Ramesh Kumar Saboo, learned counsel for the Petitioner.
Shri Pankaj Porwal, learned counsel for respondents No.3 and 4.
Heard on I.A.No.5760/2018, an application for vacating stay. The petitioner has filed the present petition being aggrieved by order dated 26.2.2018, passed by the M.P. State Agriculture Marketing Board, Bhopal whereby, the appeal has been dismissed and the demand of Mandi fee by the Krishi Upaj Mandi Samiti dated 8.10.2012 has been upheld. By order dt.9.4.2018, this court has stayed the impugned order (Annexure P/15).
Shri Saboo, learned counsel for the petitioner submits that the appellate authority has not considered the material produced by the petitioner to demonstrate that the seed produced by the petitioner is not for human consumption therefore, as per the Apex court judgment, it is not leaveable by Mandi fee.
Surprisingly, the petitioner has not filed all those material in this petition before this court to demonstrate that the seed produced by them is not for human consumption and it is out of purview of Mandi fee without all those documents this court cannot consider the arguments raised by the petitioner.
This is third round of litigation before this court and despite that not a single document has been produced before this court in support of pleadings therefore, stay granted on 9.4.2018 is not liable to consider.
After arguments at length, Shri Saboo, learned counsel for the petitioner prays for some time to file all those documents. He may do so, by filing the rejoinder, but looking to this conduct, stay granted to the petitioner is hereby vacated.
List after 4 weeks.
(VIVEK RUSIA) JUDGE SS/-
Digitally signed by Shailesh Sukhdev Date: 27/09/2019 18:09:43