LADHURAM RAMESHWARDAYAL Vs. KRISHI UPAJ MANDI SAMITI SHIVPURI

JUDGEMENT

(1.) SECTION 32 which creates a legal fiction in the matter of grant or renewal of licence occurs in Chapter VI of the Act the heading of which is "Regulation of Trading." Section 11 occurs under Chapter III the heading of which is "Constitution of Market Committees" Raina Js view is that since section 32 occurs under the heading "Regulation of Trading" the operation of the legal fiction under section 32 (3) proviso must he limited to the purpose of regulation of trade only and should not be extended to the purpose of constitution of market committee which is dealt with under a different chapter.

(2.) THE petitioner is a trader in food grains and held licence from Krishi Upaj Mandi Samiti, Shivpuri (hereinafter referred to as the Market Committee during the year 1973 -74. The year for the purposes of the licence commences from 1st of October and expires on the 30th of September of the following year. An application for the renewal of the licence has to be made within 30 day of the expiry of the licence under the byelaws of the Market Committee. The petitioner applied for renewal of his licence on 29.10.1974. This application was rejected by the market committee by order dated 27.2.1975 vide Annexure IV, on the ground that he had failed to furnish security of Rs.1,000 as required by sub section (2) of section 17 of the Madhya Pradesh Agricultural Produce Market Act of 1972 (hereinafter referred to as the Act).

(3.) THE election to the Committee has already been held, but the declaration of the result has been stayed by this Court vide order dated 27.11.1975 on an application for ad interim writ filed by the petitioner.