BIHAR STATE AGRL. MKT. BOARD Vs. ANIL PRASANT

JUDGEMENT

(1.) The validity of notification dated 27.12.1995 issued by the order of the Governor of Bihar in exercise of powers u/s. 39 of the Bihar Agricultural Produce Markets Act, 1960 (for short "the Act") was questioned by the respondents in the writ petitions before the High Court raising contentions that issuing of a notification u/s. 39 of the Act including "chura" as an agricultural produce was not enough to levy market fee thereon without issuing notifications under Ss. 3 and 4 of the Act; and issuing of a notification u/s. 39 of the Act so as to include "chura" as an agricultural produce without giving opportunity of hearing to the respondents was bad.

(2.) The High Court, after hearing the learned counsel for the parties and relying on its earlier decision in Delhi Cloth and General Mills Co. Ltd. V/s. Agricultural Produce Market Committee accepted the contentions advanced on behalf of the writ petitioners and allowed the writ petitions declaring that merely on the basis of the impugned notification dated 27.12.1995 and in the absence of any fresh notifications in respect of "chura" under Ss. 3 and 4 of the Act, it cannot be deemed to be within the regulatory measures of the Act and no market fee u/s. 27 of the Act can be realised on its sale and purchase. Aggrieved by the said order of the High Court made in the writ petitions, these appeals have been filed.

(3.) Mr. Ashwani Kumar, learned Senior Counsel appearing for the appellant contended that the impugned order was passed by the High Court on 4.07.1996. A review petition was filed by the appellant having regard to a subsequent Judgement of this Court in the case of Sasa Musa Sugar Works V/s. State of Bihar but the review petition was rejected. He submitted that appeal has been filed against the said order rejecting the review petition as well. According to the learned counsel, the Judgement in Sasa Musa Sugar Works fully covers the case in favour of the appellant. The impugned order was passed on the basis of the Judgement of a Division Bench of that High Court in Delhi Cloth and General Mills Co. Ltd. a reference to which is made in the Judgement of this Court in Sasa Musa Sugar Works. The position is made very clear in paragraph 30 of the Judgement of this Court in Sasa Musa Sugar Works that in order to give effect to the notification issued u/s. 39 of the Act including "chura" as an agricultural produce, no independent and separate notifications under Ss. 3 and 4 of the Act were required. The learned counsel invited our attention to a few paragraphs in the said judgment in support of his submissions.