VIRENDRA KUMAR Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) In this writ petition under Article 32 of the Constitution of India the petitioners have prayed for issuance of the writ in the nature of mandamus directing the respondents not to compel the petitioners to take out licences and to pay market fee under the U. P. Krishi Utpadan Mandi Adhiniyam, 1964, hereinafter referred to as 'the Act'.

(2.) The petitioners are the producers of khandsari sugar and are the owners of Khandsari Sugar Units which they operate with the aid of power crushers for the production of khandsari sugar. Thepetitioners claim that as they are only producers of khandsari sugar, they are not liable to take out any licence or to pay the market fee under the Act as illegally demanded by the respondents Mandi Samitis.

(3.) It appears from the Preamble that the Act provides for the regulation of sale and purchase of agricultural produce and for the establishment, superintendence and control of market therefor in Uttar Pradesh. S. 5 of the Act provides for the declaration of intention of the State government to regulate and control sale. and purchase of agricultural produce in any area to be declared as a Market Area. Under S. 6, the Market Area will be declared by the State government by a notification in the gazette after considering the objections received within the period referred to in S. 5 of the Act. Section 9 (1) of the Act provides as follows: 9 (1) As from the date of declaration of an area as Market Area no Local Body or other person shall, within the Market Area, set up, establish or continue, or allow to be set up, established or continued, any place for the sale, purchase, storage, weighment or processing of the specified agricultural produce, except under and in accordance with the conditions of a licence granted by the Committee concerned, anything to the contrary contained in any other law, custom, usage or agreement not with-standing : Provided that the provisions of this Ss. shall not apply to a producer in respect of agricultural produce produced, reared, caught or processed by him or to any person who purchases or stores any agricultural produce for his domestic consumption.