CIVIL WRIT JURISDICTION CASE No.8484 OF 1999 1. Bihar Plywood Manufacture Association, Exhibition Road, Patna through its Vice President Ramesh Kumar Khemka son of Sri Shankar khemka resident of Behind Shashi Marble, Rajendra Path, Patna. 2. Ramaa Wood & General Industries Ltd. a company incorporated under the Indian Companies Act through its Director Sri P.K. Bubna son of Sri Megh Raj Bubna resident of Suprabhat Building, Exhibition Road, Patna. ----------------- Petitioners. Versus 1. Bihar State Agriculture Produce Marketing Board, Bihar, Patna through its Managing Director. 2. The Secretary, Agriculture Produce Market Committee, Fatuhan, District – Patna. ------------------- Respondents. ------------------ For The Petitioner : MR.PURNENDU SINGH, ADV. For The Respondent : MR. K.P.YADAV, ADV. ----------------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ************* A. K. Tripathi, J. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s Bihar Plywood Manufacturers Association got aggrieved by the erstwhile Agricultural Produce Marketing Board when they made an effort to recover market fee from manufacturer of Plywood and Veneer Plywood. A serious question was raised that these items can never be brought within the ambit of the definition of the Act. The writ application was admitted by the High Court for consideration and stay was granted. During the pendency of - 2 - the writ application itself, it seems that the government decided to amend the schedule and bring these items specifically under the Act. The enforcement or the action of the respondents remained in abeyance because of the Court’s order and now in the year 2006, the Bihar Agriculture Produce Marketing Board itself stands abolished and the Act repelled. In that view of the matter, the issues raised by the petitioner need not be adjudicated upon. However, if the successor-in-interest of the body in question decides to take any coercive action against the initial notice/demand, it will be open to the petitioner to throw a challenge to the same before an appropriate authority or Court. The writ application is dismissed in the above circumstance with liberty aforesaid. Patna High Court The 8th Day of December,2008 NAFR/AFR Rajeev/ (Ajay Kumar Tripathi, J.)