IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.61 of 1990(O&M) Date of decision:20.04.2011 M/s Dhingra Karyana Store, Sirhind through its partner Jaspal Rai. ....Petitioner versus State of Punjab and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioner. Mr. K.S.Sivia, Deputy Advocate General, Punjab, for respondents 1 and 3. Mr. P.K.S. Gill, Advocate, for respondents 2 and 4. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The writ petition challenges the fee levied under the Punjab Agricultural Produce Market Act of 1961. The challenge was to a levy of cess on some agricultural products. The petitioner is not present before Court to explain the present position and argue on the tenability of his claim. The counsel for the State is present and ready. 2. The learned counsel for the respondents 2 and 4 points out that the provisions of Section 38 under the Act was upheld and a fee Civil Writ Petition No.61 of 1990(O&M) - 2 - levied under the Act held as a quid pro quo for the users of the markets including growers and those engaged in business to whom the benefit of the market was directly intended by the establishment of the regulated market. The point urged in the writ petition is directly answered by the decision in the Full Bench in Subhash Chander Kamlesh Kumar Versus State of Punjab and others-1990(2) PLR 666 and the writ petition is, therefore, dismissed. (K.KANNAN) JUDGE 20.04.2011 sanjeev