Sree Rama Traders, Kakinada vs Agricultural Market Committee, ... on 31 January, 2000
14. Another grievance in this writ petition is that even in respect of the
commodities purchased outside the State of Andhra Pradesh, market fee is sought to be lieved on the petitioner, contrary to the provisions of the Act. It is also the grievance of the petitioner that such market fee is sought to be levied at the check posts. The law on this question is no longer res integra. A Division Bench of this Court in Modem Nutrition Company, Hyderabad v. Agricultural Market Committee, 1996 (4) ALD 801 (DB), has held that the condition for the payment of fee is that the agricultural produce, livestock or products of livestock are purchased or sold in the notified market area. Explanation I of Section 12 of the Act can only give rise to a presumption that such articles falling under the definition of 'agricultural produce', etc., which are subjected to levy under Section 12, if found within the limits of the market area or seen being taking out of the notified market area, are liable to fee, but it shall be open to the owner of the goods concerned to dispute the claim and once he disputed/disputes the claim, unless there is an enquiry, the presumption would not entitle the market committee concerned to realise the fee. It has also been held that the market fee shall be realisable by the concerned market committee only if the agricultural produce or live stock or products of live stock are purchased or sold in the notified market area".