MOHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions, some of the petitioners are engaged in the wholesale trade in fruits, some in flowers and some in vegetables.

(2.) In all these petitions, under Article 226 of the Constitution, the petitioners have sought for quashing the Notifications dated 24-9-1977, 3-8-1979, 19-12-1985 and the two notifications dated 16-1-1986. In addition to this, in two batches of Writ Petitions filed by Sri B.T. Parthasarathy, Learned Advocate, the notices issued by the Agricultural Produce Market Committee. Bangalore (hereinafter referred to as the 'Market Committee') produced as Annexures-G and G1, have also been challenged.

(3.) 3(a) The Notification bearing No. RDC 124 MMD 76 dated 24-9-1977 published in the Karnataka Gazette dated 6-10-1977 (hereinafter referred to as 'Notification No. I') produced as Annexure-R2, is issued by the State Government in exercise of the powers conferred by Section 5 read with Section 4 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as the 'Act') declaring that with effect from the date of publication of the Notification in the Official Gazette, the marketing of vegetables, flowers and fruits specified in the schedule to the said notification (hitherto not regulated), in addition to the agricultural produces already regulated, shall be regulated in the market area of the Market Committee.