M/S. Pirdan Chhaganlal and Anr v. The State of Assam and 5 Ors

ORDER Date : 05.08.2024

Heard Mr. A. Ganguly, learned counsel for the petitioners. Also heard Mr. N. J. Gogoi, learned standing counsel, appearing on behalf of the Assam State Agriculture Marketing Board(ASAMB).

It has been conjointly submitted by the learned counsels appearing for the parties that the issue involved in this writ petition pertaining to cess levied on Mustard Oil, is squarely covered by the judgment and order, dated

08.11.2018, passed by this Court in Writ Appeal No. 288/2018.

Page No.# 3/3 As the said issue has already been settled by the said Division Bench judgment, the learned counsels appearing for the parties, have submitted that no further adjudication is required in these writ petitions. They have, accordingly, submitted that the subject-matter pertaining to levy of cess on Mustard Oil, involved in these writ petitions, is to abide by the said judgment and order, dated 08.11.2018, passed by the Division Bench of this Court in Writ Appeal No. 288/2018.

It is further to be noted that in the present proceeding, the petitioners had also raised a grievance with regard to levy of cess on pulses.

Mr. Gogoi, learned standing counsel, Assam State Agriculture Marketing Board(ASAMB), has submitted that the issue pertaining to levy of cess on Pulses, is covered by the decision of this Court rendered in the case of M/s. Bhatter Traders & anr., vide judgment & order, dated 03.10.2023, in WP(c)1326/2020. The said submission is supported by the learned counsel for the petitioners. Accordingly, the issue raised in the present proceeding pertaining to the pulses, would be covered by the said decision of this Court in the case of M/s. Bhatter Traders(supra).

In view of the submissions as made above by the learned counsels for the parties; this writ petition, accordingly, stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010218922018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/6501/2019 M/S.oPIRDANoCHHAGANLALoANDoANR. AoSOLEoPROPRIETORSHIPoFIRMoHAVINGoITSoREGD.oOFFICEoSITUATEDoATo J.P.AGARWALLAoPATH oWARDoNO.5 oP.O.ANDoP.S.oANDoDIST-oSIVASAGAR-o785640 oASSAM oREP.oBYoSHRIoRAMESHoKUMARoBHATTER 2:oRAMESHoKUMARoBHATTER S/O-oLToCHHAGANoLALoBHATTER oR/O-oJ.P.AGARWALLAoPATH oWARDoNO.5 oP.O.ANDoP.S.oANDoDIST-oSIVASAGARo oASSAM-o785640 oVERSUS THEoSTATEoOFoASSAMoANDo5oORS. THROUGHoTHEoSECY. oDEPTT.oOFoAGRICULTURE oGOVT.oOFoASSAM oDISPUR oGHY-6 2:ASSAMoSTATEoAGRICULTURALoMARKETINGoBOARD (AoBOARDoCONSTITUTEDoUNDERoTHEoASSAMoAGRICULTURALoMARKETo PRODUCEoACT o1972) oREP.oBYoITSoCHAIRMAN oRAMoKRISHNAoMISSION oMISSIONoROAD oULUBARI oGHY-07 Page No.# 2/3 ASSAM 3:ASSAM STATE MARKETING COMMITTEE HAVING ITS OFFICE AT RAM KRISHNA MISSION GHY ASSAM 4:CHIEF EXECUTING OFFICER ASSAM STATE AGRICULTURAL MARKETING BOARD HAVING ITS OFFICE AT RAM KRISHNA MISSION MISSION ROAD ULUBARI GHY-07 ASSAM 5:SIVASAGAR DISTRICT REGULATED MARKET COMMITTEE SIVASAGAR ASSAM 6:JORHAT DISTRICT REGULATED MARKET COMMITTEE JORHAT ASSAM ------------ Advocate for : MR. A GANGULY Advocate for : SC A S A M B appearing for THE STATE OF ASSAM AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR