JEEWAN MOTORS Vs. STATE OF M.P.

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India is filed seeking declaration of Sec. 6 of The Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996 (hereinafter referred as "Adhiniyam, 1996") as unconstitutional. Petitioner thus sought following reliefs: -

(2.) Precisely stated facts for adjudication of the case are that petitioner is a registered dealer of Maruti Suzuki India Private Limited having its registered offices and outlets at Bhopal from where petitioner sell vehicles of the said company. Petition is preferred by the Director and authorized signatory of the Maruti Suzuki India Private Limited.

(3.) In Gwalior, Gwalior Vyapar Mela was organized for more than 100 years by the native Rulers of Gwalior City (since 1905 around). After independence, for promoting business activities in the State of M.P., respondents No.1 and 2 organized Trade Fair/ Mela at places like Indore, Ujjain, Gwalior, Bhopal and Jabalpur. Respondents No.1 and 2 recognizing the historical importance of Gwalior Trade Fair and for operating State level Mela at Gwalior, framed the Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996 and incorporated various provisions for mobilisation of funds, allotment of stalls/ shops/ outlets etc. The State Government from time to time notified concession/ discount in registration fees and other incidental charges over sale of vehicles. Therefore, Gwalior Mela has been a popular event specially amongst the prospective buyers of the vehicles.