Bihar Agricultural Produce Markets Act, 1960-Section 27 and Section 2(1)(a) read with item 3 in Classification 8 of Schedule- Agricultural Produce-Definition Whether cattle is an agricultural produce Held, Yes-Market Committee is empowered to levy and collect market fee when cattle is bought or sold in notified market or notified market area.
The appellants challenged by filing a writ petition before the High Court the power of Market Committee to levy market fee on buffaloes, bullocks and cows bought or sold in Hat. The High Court held that by operation of Section 2(1)(a) r/w Item 3 in Classification 8 of the Schedule under the head 'Animal Husbandry Products' cattle was an agricultural produce for the purpose of levy of the market fee under section 27 of the Bihar Agricultural Produce Markets Act, 1960. This appeal by special leave had been filed against the judgment of the High Court.
It was contended by the appellants that cattle being not an agricultural produce, the levy and collection of the market fee on the cattle bought or sold in the notified market was without jurisdiction.
Dismissing the appeal, this Court.