RAUNAQ RAM TARA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In these appeals by certificate of the High Court of Punjab and Haryana validity of action taken by the Market Committee, Patiala, under the provisions of the Punjab Agricultural Produce Markets Act, 1961, is under challenge.

(2.) The appellants are shop-keepers of Gur Mandi, Patiala, and are, licensees under Section 30 of the Punjab Agricultural Produce Markets Act, 1961 (briefly the Act) and are also pacca arhtiyas. It is not in dispute that they sell gur and sakhar within the market area notified under the Act. It is also admitted that they have licences under Section 10 of the Act in Form'B' as kacha arhtiya or commission agent. Since they were found to be selling gur and sakhar in their own shops within the notified market area without submitting accounts and without payment of fees they were asked to show cause by the Market Committee why legal action should not be taken against them for violation of Rules 29 (3) and 31 (1) of the Punjab Agricultural Produce Markets (General) Rules, 1962 (briefly the Rules) and for violation of condition No. 1 of the licence which is to the effect that the licensee shall comply with the provisions of the Act, Rules and Bye-laws framed thereunder and instructions issued from time to time.

(3.) The appellants disclaimed liability to pay fee under the Act on various grounds. The Administrator of the Market Committee after some correspondence levied on one of the appellants, M/s. Prem Chand Ram Lal, appellants in Civil Appeal No, 120 of 1972, Rs. 5,014 as market fee on the basis of, best judgment assessment and imposed equal amount of penalty and a demand notice was issued for payment. M/s. Prem Chand Ram Lal filed a writ application before the High Court for quashing the demand notice. The High Court allowed the petition quashing the order of assessment as arbitrary and violative of the principles of natural justice. The High Court, however, rejected the other contentions of the said petitioner questioning the validity of the fee levied. M/s. Prem Chand Ram Lal filed a Letters Patent Appeal against the judgment of the learned Single Judge rejecting their other substantial points.