VYAPAR MANDAL ETAWAH Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) THIS appeal arises out of the refusal by the trial court to grant an injunction in favour of the plaintiff appellants.

(2.) THE plaintiff appellant Vyapar Mandal, Etawah, filed a suit alongwith the other traders who are wholesale dealers in foodgrains. THEy are carrying on their business within the municipal limit of Etawah city.

(3.) TO complete the history, it is necessary to mention here that finally on 26-7-86 a notification no. 4572/XII-5-86-600(298)-83 dated 26-7-1986. It provides as follows : In exercise of the powers under clause (a) of sub-sec. (2) of Sec. 7 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 U. P. Act no. XXV of 1964) include with effect from the date of publication of this notification in the Gazette, the following area in the area of the Principal Market Yard, Etawah specified in Notification no. S.A.M.O./782-A (Reg.) 10823-8, dated March 14, 1972 as amended from time to time :