High CourtsDivision Bench(2010) 08 P&H CK 0071

Vishnu Fruit Traders, Fruit and Vegetable Commission Agents vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 31 August 2010

HON’BLE JUDGES
Ajay Kumar Mittal, J · A.K. Goel, J

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Judgment

4 paragraphs · 206 words

Adarsh Kumar Goel, J.—This order will dispose of CWP Nos. 13723, 13959, 13973, 13993, 14004, 14026 of 2010 as only contention raised in all the petitions is that proceedings for recovery of market fee have been initiated against the petitioners without there being any assessment. It has been pointed out in the writ petitions that the issue is covered by recent order of this Court dated 18.3.2010 in CWP No. 17026 of 2009 Himachal Fruits & Vegetables Traders v. State of Punjab and Ors. annexed as Annexure P-3 in CWP No. 13723 of 2010, wherein direction was issued to the assessing authority to pass an order of assessment after considering the objection of the petitioner, if any, and recovery proceedings be initiated after order of assessment is passed.

2.

Mr. Jain appearing for respondents No. 1 and 3 and Mr. Pathela appearing for respondent No. 2 in CWP No. 13723 of 2010 do not dispute the aforesaid position.

3.

Accordingly, we dispose of these petitions in same terms and direct that process of recovery be initiated only after order of assessment is passed after considering the objections of the petitioners, if any.

4.

The petitioners may appear before the assessing authority for further proceedings on 8.11.2010.