MA DOSHI KANTILAL RATILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Common questions of law based on identical facts arise in this batch of four Special Civil Application and, therefore, we decide the same by this common judgment. Returns have been filed in Special Civil Application Nos. 74 of 1982 and 1093 of 1982 only.

(2.) The petitioners-Firms have prayed for quashing and setting aside the amended bye-laws 20, 23, 24 and 44 and to restrain the respondents from enforcing and executing the aforesaid bye-laws of the respective Agricultural Produce Market Committees. Challenge is also thrown to Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965 (hereinafter referred to as "the Rules"). The petitioners-Firms or Federations of merchants deal in ground-nut, grains, oil seeds, etc. They are essentially traders or purchasers of the agriculture produce and their grievance is with regard to the levy of the fees (on the agricultural produce) by the Agricultural Produce Market Committee, which is recovered from them under the aforesaid bye-laws and Rule 49.

(3.) Section 28 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the Act") is reproduced as under :