GARIMELL SATYANARAYANA AND APPANA VENKATARAJU FIRM OF AMBAJIPETA Vs. EAST GODAVARI COCONUT AND TOBACCO MARKET COMMITTEE RAJAMUNDRY

JUDGEMENT

(1.) These petitions filed under Article 226 of the Constitution, pray for the issue of writs of Mandamus or other appropriate writs directing the respondents, namely (1) the State of Andhra Pradesi), and (2) the Market Committees, to forbear from enforcing the provisions of the Madras Commercial Crope Markets Act (XX of 1933) or the rules framed thereunder against the several petitioners. A common question of law arises in all these petitions concerning the legality and constitutional validity of Section 11 of the Act.

(2.) The Madras Commercial Croos Markets Act (hereinafter referred to as the Act) was originally enacted in 1933 by the Madras Legislature after the-previous sanction of the Governor-General had been obtained to the passing of the Act. It was subsequently amended from time to time. As the Act was-a "law in force" immediately before the formation of the Andhra State, its provisions govern the territories forming part of the Andhra State by virtue of the Andhra State Act of 1953 and the adaptation of the Laws Order made by the Government of Andhra on the First November 1953.

(3.) The object of the Act, as stated in the preamble, is to provide for the better regulation of buying and selling of commercial crops and the establishment of Markets for commercial crops and make rules for their proper administration. For an appreciation of the contentions raised in the Writ petitions it is necessary to refer to the material provisions of the Act.