GHANSHYAMDAS BADRILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will also govern the disposal of Misc. Petition No. 323 of 1968.

(2.) THESE are two petitions under Article 226 of the Constitution, one by a person carrying on the business of sale and purchase of cotton at Sanyogitaguni market yard, Indore, and another by a cultivator selling cotton produced by him at the said market yard, challenging the legality of an order under Rule 54 of the Madhya pradesh Agricultural Produce Markets Rules 1962 (hereinafter referred to as the rules) issued to the Market Committee established for the Indore market area under Section 8 of the Madhya Pradesh Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act), directing that transactions in the sale and purchase of cotton shall be effected only in the principal market yard of the Indore market area, namely, Laxmibai Nagar market yard and nowhere else.

(3.) THE matter arises thus. On 23rd September 1953 the Madhya Bharat government issued a notification under Section 4 (1) of the Madhya Bharat agricultural Produce Markets Act, 1952, establishing a market for the area, Indore tahsil for regulating the purchase and sale of agricultural produce including cotton specified in the notification. On the same date, another notification was issued declaring three market yards in the market area. The three market yards were known as Sanyogitagunj, Malhargunj and Pardeshipura market yards and their limits were specified in the notification. The Madhya Bharat Agricultural Produce markets Act, 1952, was however, repealed by Section 43 of the Madhya Pradesh agricultural Produce Markets Act, 1960, which came into force on 15th October 1960. By virtue of Section 43 of the Act the market established for the Indore tahsil area and the market yards therein were continued and transactions in the agricultural produce including cotton notified on 23rd September 1953 continued to be effected in the Sanyogitagunj, Malhargunj and Pardeshipura market yards.