AGRICULTURAL PRODUCE MARKET COMMITTEE PATAN Vs. J K VASAVADA DIRECTOR AGRICULTURAL MARKETING AND RURAL FINANCE

JUDGEMENT

(1.) The petitioner, Agricultural Produce Market Committee, Patan, has challenged the order of the Director of Agricultural Marketing and Rural Finance, Gujarat State, Gandhinagar, dated 26th April, 1985, declining to grant permission to the petitioner to sell 54 shops as proposed by it.

(2.) The Counsel for the petitioner contended that the Director has no powers under Sec. 44 to pass such order. The Market Committee has all the powers to dispose of its property and the Director of the Department could not have put any restrictions on its rights. Reference in this respect has been made by the Counsel for the petitioner to Sec. 10 of the Gujarat Agricultural Produce Markets Act, 1963. Section 10 of the Act provides that every Market Committee shall be a body corporate by such name as the Director may specify by notification in the Official Gazette. It shall have perpetual succession and a common seal, may sue and be sued in its corporate for quashing the order passed by Respondent, Director of Agricultural Marketing and Rural Finance, Gujarat State. name and shall be competent to acquire, hold, lease, sell or otherwise transfer property, to raise loans upon the security of its property in the manner and subject to the limits and other requirements including guarantees prescribed by rules, and to contract and to do all other things necessary for the purposes for which it is established.

(3.) It is a case where the petitioner has prayed to the Director for grant of permission for sale of 54 shops, which has been declined under the order impugned in this Special Civil Application. It is a matter in between the Agricultural Produce Market Committee and the State Government. The Agricultural Produce Market Committee is a statutory body incorporated under the 1963 Act, and it is difficult to appreciate the litigation by a statutory body against the State Government. Time and again this Court has decided that such disputes should not come before this Court and these matters are to be decided by a High Power Committee to be constituted by the Government, but nothing has been brought to the notice of this Court whether those orders are complied with or not.