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J U D G M E N T Dr. AR. Lakshmanan, J.

The unsuccessful respondents 2,3 and 4 before the High Court of Allahabad are the appellants in this appeal. The writ petition was filed by the first respondent herein to quash the order dated 12.03.1999 (Annexure 17 to the writ petition) and for mandamus restraining the appellants herein from interfering in the business in certified seeds either before or after processing and further in restraining the appellants from demanding and realising market fee on the transaction of unprocessed or processed certified seeds.

We are also of the view that the respondents have grossly erred in ignoring the law settled by this Court in the case of State of Rajasthan vs. Rajasthan Agricultural Input Dealers Association (supra) under Article 141 of the Constitution in demanding market fee on seeds. Since the processing of wheat resulting in loss of its basic characteristics of being cereal, it cannot be subjected to levy as agricultural produce since the purchase by the respondent is for the purpose of growing seeds, no levy is permissible and, therefore, market fee cannot be imposed on seeds which are unfit for human consumption.

Question No.i Thus, the true scope and ambit of Section 2 (a) and 17 (iii) (b) of the Act has been explained in paras supra.

Question No. ii The appellant has no authority to levy market fee on the purchase of wheat by the seed processing unit. This question is answered in the negative. Question No. iii Wheat seed converted into certified seed is unfit for human consumption and, therefore, market fee levy is impermissible.

Question No. iv The object of legislature was to notify only those seeds which are different from the produce itself.