2000 INSC 0095
                                        SUPREME COURT OF INDIA

                                             Food Corporation of India

                                                           Vs.

                                     Bihar State Agricultural Market Board

                                                C.A.No.2110 of 1989

                                        (B. N. Kirpal and M. B. Shah, JJ.)

                                                      20.01.2000

                                                       ORDER

1. The question involved in this case is whether on levy sugar which is sold by the appellant market
fee is payable or not. This matter stands concluded in favour of the appellant by a Constitution
Bench judgment of this Court in Belsund Sugar Co. Ltd. v. State of Bihar, 1999 (4) Scale 516 :
(1999 AIR SCW 3074 : AIR 1999 SC 3125). The appeal is, accordingly, allowed. No costs.

2. This order, as it had been done in Belsund Sugar Co. Ltd. (supra), will be effective prospectively
and no refund of fee would be payable by the respondents to the appellant nor any further fee will
be payable to the respondents by the appellant.

3. Delay condoned.

4. Special leave granted.
5. The prosecution which has been initiated against the appellants is quashed in view of the decision
of a Constitution Bench in Belsund Sugar Co. Ltd. v. State of Bihar, 1999 (4) Scale 516 : (1999 AIR
SCW 3074 : AIR 1999 SC 3125).

6. The appeals are, accordingly, allowed.

7. No costs.

Appeals allowed.