BHAUSAHEB TAVNAPPA MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are members of an unregistered association known as the Kolhapur Grain merchants Association, and had filed the suit, out of which this second Appeal arises in a representative capacity under R.8 of O.1 of the civil P.C. 1908. The said suit was tried by the joint civil judge, senior Division, Kolhapur. In the suit the Appellants challenged certain notifications issued under the maharashtra Agricultural produce marketing (Regulation) Act, 1963. (Maharashtra Act No XX of 1964). The Appellants' challenge succeeded, and the trial court declared the said notifications to be null and void, and restrained the Respondents from enforcing the said notifications. The trial court also directed the parties to bear their own costs of the suit. Though he Appellants' challenge on certain grounds succeeded, their challenge on the ground that these notifications infringed the provisions of Arts. 14 and 19(1)(1)(g) of the constitution of India was negatived. Against the said judgment and decree of the trial court not only Respondents Nos.1 and 2, namely, the state and the Rural Finance, Government of Maharashtra, filed an appeal but Respondents Nos.3 to 5 namely, the kolhapur Agricultural produce market committee and the president ad the secretary of the said committee, also filed an appeal. The Appellants also appealed against that part of the judgment which negative their constitutional challenge to the validity of the said notifications. All these appeals were heard together by the court of the Assistant judge at kolhaput, and by a common judgment the lower appellate court allowed the appeals filed by the Respondents and dismissed the Appellants' appeal. The lower appellate court directed the Appellants to pay the costs of the suit and the appeals. It is against this appellate decree that the Appellants have preferred second Appeal.

(2.) It will be now convenient to set out in some detail the facts which have given rise to this litigation. By a notification dt mar.1.1949 issued under the Bombay Agricultural produce markets Act. 1939 (bom XXIII of 1939) , an Agricultural produce market committee was established to regulate the marketing of groundnut (shelled and unshelled) and gur in the area of Karvir, Radhanagari and Bhudarged Talukas and panhala mahal of the kolhapur District. By another notification dt. Mar 8, 1959 issued under the said Bombay Agricultural produce markets Act the market area of the said committee was extended so as to include shanuwadi Taluka of kolhapur District, and is operation was also extended to regulate the marketing of groundnut (shelled and unshelled) and gur in the said extended area. By another notification dt. Oct.6, 1963, also issued under the said 1939 Act, the market area of the said committee was further extended so as to include the area of 43 villages mentioned in the said notification situate on the north of Vedganga river from kagal Taluka, and its operation was equally extended to regulate the marketing of groundnut (shelled and unshelled) and gur in the extended area. Thereafter the Director of Agricultural marketing and Rural Finance, Maharashtra state, intended to extend the market area of the said committee so as to include in it the area of Gagan-Bawada mahal of the kolhapur District as also to extend its operations to regulate the marketing of paddy (hysked the unhusked), jowar, bajari, wheat, tobacco, cotton (ginned and unginned), chillies turmeric, gram, gram-dal, tur tur-dal, udid, udid-dal, masur , masur-dal mug, mug-dal onion, peas ,val, chola, kulthi, cattle , sheep and goats in attrition to groundnut (shelled and unshelled) and gur in the whole of the market area as extended by the said committee. There does not appear to be any particular dispute that while groundnut and gur grow in kolhapur District, the other grain seeds which were intended to be got regulated by the said committee are brought into kolhapur from other places. A notification, namely, NotificationNo.APMC/Kolhapur/67 dt. Feb.3, 1968 was published in the maharashtra Government Gazette. Part I. Poona, dt. Mar.3, 1968 was published in the maharashtra Government Gazette. Part I poona, dt. Mar.14, 1968. The said notification was issued us/3 of the Maharashtra Agricultural produce marketing (Regulation) Act, 1963 (hereinafter referred to as "the said Act") which had repealed and replaced the said 1939 Act. By the said notification, objections and suggestions were invited by the Director of Agricultural marketing and Rural Finance, Maharashtra state, poona within a period of one month from the date of the said notification. Accordingly, the said kolhapur Grain Association submitted its representation dt. Apr.11. 1968. By the telegram dt. Apr.25, 1968 representatives of the said Association were asked to meet the said Director on Apr,30 1968. The said meeting took place, and the representatives of the said Association put forward their point of view before the said Director, apparently without any success, because a notification, namely notification No.APMC/Kolhapur /68 dt. May 16, 1968. Issued by the said Director u/s. 4 of the said Act was published in the Maharashtra Government Gazette. Part I, poona Division, dt. June 13, 1968. It is these two notifications which were challenged by the Appellants in their suit.

(3.) In order to understand the contentions of the Appellants with respect to the said notifications advanced before me at the hearing of this second Appeal, it is necessary now to refer to certain provisions of the said Act. Sections 3 and 4 of the said Act provide as follows :