STAR PAPER MILLS LTD. versus STATE OF U.P. AND ORS.

STAR PAPER MILLS LTD. versus STATE OF U.P. AND ORS.

Because factual adjudication is necessary regarding the levy of market fee and the statutory remedy is adequate, the High Court was justified in directing the appellant to avail the statutory remedy instead of entertaining the writ petition.

Parties
Appellant: Star Paper Mills Ltd.; Respondents: State of Uttar Pradesh and Others
Jurisdiction
India
Judgment Date
19 September 2006
Procedural Posture
Civil Appeal / Appeal From High Court Orders Dismissing Writ and Review Petitions
Outcome
Appeals disposed of
Legal Topics
Writ Jurisdiction, Alternative Remedy, Market Fee, Maintainability of Writ Petition
Constitutional Law Administrative Law Writ Jurisdiction Alternative Remedy Market Fee Maintainability of Writ Petition

Case Brief

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Parties

Star Paper Mills Ltd.

Appellant

State of Uttar Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Orders Dismissing Writ and Review Petitions

Legal Issues

  1. 1 Maintainability of writ petition under Article 226 when factual disputes exist and alternative statutory remedy is available
  2. 2 Levy of market fee under Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965 on purchases made from U.P. Forest Corporation

Ratio Decidendi

Because factual adjudication is necessary regarding the levy of market fee and the statutory remedy is adequate, the High Court was justified in directing the appellant to avail the statutory remedy instead of entertaining the writ petition.

Court Disposition

Appeals disposed of

Orders

  • Appellant directed to file necessary details before the concerned authority within three weeks for consideration under the Niyamavali.
  • Concerned authority to consider objections and dispose of the case expeditiously, preferably within six weeks from receipt of details.