SHYAMA INDUSTRIES SITARGANJ Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of the Constitution of India by 16 Firms engaged in the business of sale and purchase of paddy, rise, wheat, oil seeds and the like, within their mill premises situated in Sitarganj, district Nainital on the strength of various licences issued to them under different control orders passed under Section 3 of the Essential Commodities Act, 1955. It is alleged that the sole respondent i. e. Krishi Utpadan Mandi Samiti Sitarganj, district Nainital (through its Chairman) hereinafter referred to as the Samiti, is illegally insisting that the petitioners should make their sale and purchase of the various agricultural produce in and from the Navin Mandi Samiti Sthal (i. e. new market yard) Sitarganj and not from any other place. Feeling aggrieved the petitioners have filed this writ petition.

(2.) BEFORE the admission of the writ petition, notice was accepted by the counsel for the Samiti who has filed a counter-affidavit to which the petitioners have filed a rejoinder-affidavit. Counsel for both the sides have been heard at length at the admission stage itself and therefore this writ petition is being finally disposed of today.

(3.) BY another notification dated 6-1-72 (Annexure-3 to this writ petition) the State Government declared that Sitarganj market area shall comprise of the following local bodies and Nyaya Panchayat circles : 1. The entire locality of......Khatima, Nainital. 2. The entire locality of......Tanakpur, Nainital. 3. The entire area within 9 Nyaya Panchayat circles of Vikas Khand Khatima district Nainital viz. 1...... 2...... 3...... 4. Sitarganj 5...... 6...... 7...... 8...... 9......