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Krishi Utpadan Mandi Samiti And Others v. Shree Mahalaxmi Sugar Works And Others

Krishi Utpadan Mandi Samiti And Others v. Shree Mahalaxmi Sugar Works And Others

(Supreme Court Of India)

Civil Appeal No. Of 1995 (Special Leave Petition (Civil) No. 11295, 10874, 14537-38 Of 1987 And 1301 Of 1988) | 02-02-1995

1. Leave granted.

2. The Explanation to Section 17 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 reads as follows

"Explanation. - For the purpose of clause (iii), unless the contrary is proved, any specified agricultural produce taken out or proposed to be taken out of a market area by or on behalf of a licensed trader shall be presumed to have been sold within such area and in such case, the price of such produce presumed to be sold shall be deemed to be such reasonable price as may be ascertained in the manner prescribed." *

From this it is clear that there is a presumption against the dealers. In view of that presumption, it is open to the appellants-Krishi Utpadan Mandi Samiti to raise demands against the dealers before passes could be issued. If there is a valid rebuttal in that the sale did not take place within the notified market area, the dealers will be entitled to the passes, otherwise not. Of course, even the dealers are compelled to pay the market fee as demanded. It is open to them to challenge it in the manner provided under the

3. The appeals are disposed of in the above terms.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE S. B. MAJMUDAR
  • HON'BLE JUSTICE S. MOHAN
Eq Citations
  • (1995) SUPPL. 3 SCC 433
  • LQ/SC/1995/182
Head Note

Markets and Weights and Measures — Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (19 of 1964) — S. 17 — Sub-cl. (iii) — Passes — Issuance of — Held, is open to the appellants-Krishi Utpadan Mandi Samiti to raise demands against the dealers before passes could be issued — If there is a valid rebuttal in that the sale did not take place within the notified market area, the dealers will be entitled to the passes, otherwise not — Practice and Procedure — Presumption