BHIKHABHAI DAHYABHAI JAJADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this appeal under Clause 15 of the Letters Patent is to common CAV judgment dated 11.09.2017 rendered by learned Single Judge in Special Civil Application No.9766/2017 with Civil Application No.9814/2017, whereby the prayer of the writ petitioners (appellants herein) to quash and set aside the Notification dated 20.04.2017, issued by the State Government under Section 52 read with Section 54 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the APMC Act" for short) amalgamating Ghogha Agricultural Produce Market Committee with Bhavnagar Agricultural Produce Market Committee, along with further prayer to set aside nomination of original respondents No.6 to 19 as members of the Executive Committee of the amalgamated Bhavnagar Agricultural Produce Market Committee, came to be rejected.

(2.) Certain facts recorded by learned Single Judge reveal that petitioners - appellants are the ex-office bearers of respondent No.4 - Bhavnagar Agricultural Produce Market Committee ('BAPMC'), respondents No.1 to 3 are State and its authorities while respondent No.5 is Ghogha Agricultural Produce Market Committee ('GAPMC').

(3.) Mr.B.M.Mangukiya, learned counsel appearing for the appellants, has taken us through the provisions of Sections 5 and 6 in Chapter-III which pertains to declaration of market area, constitution of markets and establishment of market committees, which envisage powers to be exercised by Director for declaration of intention of regulating purchase and sale of agricultural produce in specified area and about declaration of market area which elaborately provides for the manner in which such powers are to be exercised of considering the objections and suggestions received and holding such inquiry as may be necessary and then to issue Notification as required and also grant of licence. By emphasizing absence of amalgamation and bringing to our notice, Section 52 of the APMC Act, it is submitted that power to denotify or divide market area cannot be construed to include power to amalgamate if Section 53 is noticed which is about effect of denotification or exclusion of market area along with Section 54 which provides for power of the State Government to dissolve and constitute market committee on alteration of limits of market.