VIRENDRA KUMAR & ORS. versus KRISHI UTPADAN MANDI SAMITI & ORS.

VIRENDRA KUMAR & ORS. versus KRISHI UTPADAN MANDI SAMITI & ORS.

A producer who sells agricultural produce in a market area is not exempt from the requirements of taking out a licence and paying market fee under the U.P. Utpadan Mandi Adhiniyam, 1964, unless the sale is exclusively for domestic consumption. Such producers are also classified as traders under the Act.

Parties
Petitioners: Virendra Kumar & Ors.; Respondents: Krishi Utpadan Mandi Samiti & Ors.
Jurisdiction
India
Judgment Date
23 September 1987
Procedural Posture
Writ Petition / Final Disposition, Supreme Court Original Jurisdiction
Outcome
Petition dismissed.
Legal Topics
Market Fees, Licence Requirement for Producers, Definition of Trader Under U.p. Utpadan Mandi Adhiniyam, 1964, Interpretation of Statutory Exemption Proviso
Agricultural Market Regulation Licensing Constitutional Law Market Fees Licence Requirement for Producers Definition of Trader Under U.p. Utpadan Mandi Adhiniyam, 1964 Interpretation of Statutory Exemption Proviso

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Virendra Kumar & Ors.

Petitioners

Krishi Utpadan Mandi Samiti & Ors.

Respondents

Procedural Posture

Writ Petition / Final Disposition, Supreme Court Original Jurisdiction

Legal Issues

  1. 1 Are producers of Khandsari sugar liable to take out a licence and pay market fee under U.P. Utpadan Mandi Adhiniyam, 1964 when selling in the market area?
  2. 2 Does the exemption in the proviso to section 9(1) apply to producers selling for purposes other than domestic consumption?
  3. 3 Are such producers considered traders under the statute?

Ratio Decidendi

A producer who sells agricultural produce in a market area is not exempt from the requirements of taking out a licence and paying market fee under the U.P. Utpadan Mandi Adhiniyam, 1964, unless the sale is exclusively for domestic consumption. Such producers are also classified as traders under the Act.

Court Disposition

Petition dismissed.

Orders

  • No order as to costs.