2006 (7) TMI 629 - HC - VAT and Sales Tax

Issues Involved:
1. Applicability of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 ("Market Act") to the purchase of sugarcane by factories in Madhya Pradesh.
2. Conflict between the M.P. Sugarcane (Regulation of Supply and Purchase) Act, 1958 ("Sugarcane Act") and the Market Act.
3. Principle of res judicata in the context of previous litigation by one of the petitioners.
4. Refund of market fees collected under the Market Act.

Detailed Analysis:

1. Applicability of the Market Act:
The petitioners argued that the Market Act, which regulates the buying and selling of agricultural produce, does not apply to the purchase of sugarcane by factories in Madhya Pradesh. They contended that the Sugarcane Act and the Sugarcane (Control) Order, 1966, made by the Central Government under the Essential Commodities Act, 1955, exclusively govern such transactions. The petitioners sought declarations that the Market Act is inapplicable to their sugarcane purchases and requested quashing of fee demands made under the Market Act.

2. Conflict Between the Sugarcane Act and the Market Act:
The court examined the provisions of the Sugarcane Act, which provides a comprehensive scheme for the regulation of sugarcane supply and purchase, including the establishment of a Sugarcane Board, Cane Development Councils, and the appointment of various officials to oversee the sugarcane industry. It also looked at the Sugarcane (Control) Order, 1966, which complements the Sugarcane Act by setting minimum prices and regulating the distribution and movement of sugarcane.

The court found that the provisions of the Sugarcane Act and the Control Order cover the entire field of sugarcane transactions and are in direct conflict with the Market Act. Sections 36 and 37 of the Market Act, which regulate the sale of agricultural produce in market yards and mandate the execution of agreements and payment terms, were found to be inconsistent with the Sugarcane Act and the Control Order. The court concluded that the Sugarcane Act and the Control Order, being special legislation, prevail over the general provisions of the Market Act.

3. Principle of Res Judicata:
The respondents argued that the petitioner, Gwalior Sugar Company Limited, could not raise the issue again due to the principle of res judicata, citing a previous order dismissing a similar challenge. However, the court referenced the Supreme Court's decision in Mathura Prasad Sarjoo Jaiswal v. Dossibai N.B. Jeejeebhoy, which held that res judicata does not apply to questions of pure interpretation of law. The court also noted that the earlier decision was based on a specific cause of action and did not preclude the current petitions based on new causes of action.

4. Refund of Market Fees:
The court declared that the Market Act does not apply to transactions of sale and purchase of sugarcane between factory occupiers and sugarcane growers or their co-operative societies. Consequently, all demands for market fees under the Market Act on such transactions were quashed. The court ordered the refund of market fees collected from the petitioners, provided that claims for refund had been made in the respective writ petitions.

Conclusion:
The court allowed the writ petitions, ruling that the Market Act does not apply to sugarcane transactions governed by the Sugarcane Act and the Control Order. All demands for market fees under the Market Act on such transactions were quashed, and refunds were ordered for fees collected contrary to this declaration. The judgment was made prospective, not affecting fees already collected where no refund claims were filed. The parties were ordered to bear their own costs.

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