KRISHNA KUMAR Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This is an application under Article 32 of the Constitution against the Municipal Committee of Bhatapara (hereinafter referred to as "the Municipality") alleging that the petitioner's fundamental rights guaranteed by Article 19 (1) (g) and Article 14 of the Constitution have been violated by the action of the Municipality.

(2.) In Bhatapara there is a market vested in the Municipality known as "ganj" the use of which is regulated by its bye-laws framed under Section 179 of the Central Provinces and Berar Municipalities Act (Act 2 of 1922) (hereinafter referred to as the Act). At this market transactions of sale and purchase of grain take place. According to the petitioner, he is an Adatya by occupation and carries on his trade as such for sellers of grain in the said market. He has been prevented from carrying on his trade as an Adatya of sellers of grain in the said market by the Municipality in pursuance of a resolution passed by it on 4-9-1949. The employees of the Municipality have been directed under the resolution to stop issuing Ganj receipts to the petitioner. Consequently, the petitioner is unable to enter the market and do his business as an Adatya of sellers of grain. It is further alleged that while the petitioner is being treated in this fashion by the Municipality other adatyas of sellers of grain are permitted to carry on such business in the market. There has thus been discrimination on the part of the Municipality.

(3.) In 1935, the Government of the Central Provinces published a notification confirming the bye-laws framed by the Municipality. These bye-laws contained provisions for regulating the use of the market at bhatapara. Three of those are in the following terms:"5. (a) Any person other than officers of the Government, members and officers of the Municipal Committee, bona fide purchasers and their adhatias, agents and servants, bona fide sellers of grain, licensed brokers, measurers, weighmen and hamals entering the Ganj otherwise than on business may be ejected by the Ganj Daroga or Moharrir. (b) Any person found drunk or disorderly or creating a disturbance in the Ganj shall be immediately ejected by the Ganj Daroga or Moharrir. 6. No person shall enter or attempt to enter the Ganj when directed not to do so by an authorised municipal servant or disobey the instructions. 7. A merchant shall do business in the Ganj either in person or by agent or through a licensed broker duly empowered by him in writing. Every transaction shall be entered by the Moharrir in the register prescribed by the notified Area Committee for the purpose. "