CHANDRA SHEKHAR Vs. KRISHI UPAJ MANDI SAMITI SEONI

JUDGEMENT

(1.) This writ petition seeks quashing of the order dated 15-1-1987, a copy whereof has been filed as Annexure-E with the writ petition.

(2.) The petitioner is carrying on business of grains at Seoni and holds a licence from the Krishi Upaj Samiti, Seoni, the respondent No. 1, for the said purpose. By the impugned order dated 15-1-1987, the petitioner was informed that this licence had been cancelled for non-payment of the amount mentioned in the said order which according to the petitioner, represents the amount of interest on the price of agricultural produce as the said amount of price had not been paid by the petitioner to the agriculturist concerned within 5 days of the date of sale. The cancellation purports to be under S.37(2) of the M.P. Krishi Upaj Mandi Adhiniyam, 1973, (hereinafter referred to as the Adhiniyam). The constitutional validity of Cl.(c) of Sub-Sec. (2) of S.37 has also been challenged in the present writ petition.

(3.) In order to appreciate the submission made by the learned counsel for the petitioner, it may be pointed out that Sub-Sec. (2) of S.37 of the Adhiniyam, as it stood earlier, was substituted by the M.P. Act No. 24 of 1986. It is this substituted provision which is sought to be declared as ultra vires.