IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5866 of 1997 HARINAGAR SUGAR MILLS LTD. a company registered under the Indian Companies Act, having its registered office at 207 Kalbadevi Road, Bombay and its Sugar Factory at Harinagar, PS- Ramnagar, Distrcit- West Champaran, through Rai Vinay Krishna holder of power of Attorney on behalf of the Company ----petitioner Versus 1. THE STATE OF BIHAR 2. Bihar Agriculture Produce Marketing Board, Pant Bhawan, Baily Road, Patna through its Managing Director 3. The Regional Director, Bihar State Agriculture Produce Marketing Board, Muzaffarpur 4. Bagaha Agricultural Produce Market Committee, formerly known as Ram Nagar Agricultural Produce Market Committee, Bagaha, District- West Champaran through its Secretary 5. The Secretary, Agricultural Produce Market Committee, Bagaha, District West Champaran 6. The Subdivisional Officer, Bagaha cum Administrator/ Special Officer Agriculture Produce Market Committee, Bagaha 7. The Managing Director, Bihar State Agricultural Marketing Board, Baily Road, Patna -------- respondents ----------- For the petitioner: Mr. R. K. Agrawal, advocate For the State: Mr. Lalit Kishore, Sr. advocate, AAG-3 ------------- 14 11-02-2010 This writ petition has come up for final disposal on a mentioning made by learned counsel for the petitioner that no useful purpose will be served by keeping the writ petition pending when the issue raised in this writ petition that market fee cannot be levied on purchase of sugarcane and sell of sugar and molasses has already been answered by the Supreme Court in the case of Belsund Sugar Co. Ltd Vs. the State of Bihar reported in 1999 (3) PLJR (SC) 93. 2 Learned counsel for the petitioner submits that this writ petition be disposed of in terms of that Constitution Bench judgement of the Supreme Court and it may be observed that on account of observations given by the Apex Court in paragraph 102, 111 and 113 of the aforesaid judgement the writ petitioner will not be entitled for any refund of the market fee already deposited for the period in question nor the respondents shall be entitled to demand anything further towards market fee. Learned AAG- 3 has submitted on behalf of the State that there is no doubt that by the aforesaid judgement the Apex Court has clearly held that provisions of the Market Act cannot apply to the transactions on purchase of sugarcane and sell of sugar and molasses situated within the market area of the concerned Market Committee constituted under the Market Act but in paragraph 111 it has been clarified that if demand of market fee has been stayed then the stayed amount cannot be demanded by the Market Committee after the date of that judgement, that is, 10-08-1999 and 3 market fee paid in past shall not be refunded. We find the prayer of the petitioner reasonable that this writ petition be disposed of in terms of the aforesaid judgement. It is, accordingly, disposed of. BKS/- (Shiva Kirti Singh, J.) (C. M. Prasad, J.)