SANJEEB KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge has been made to the order dated 30.03.2017 passed by the Principal Secretary to Government, Cooperation Department, Government of Odisha vide Annexure-1 abolishing all the Check Gates of Regulated Market Committee (hereinafter called as "RMC") with effect from 01.04.2017.

(2.) Facts

(3.) Orissa Agricultural Produce Markets Rules, 1958 (hereinafter called as "the Rules, 1958") was framed by the State Legislature under the Act, 1956. Rule-48 of the Rules, 1958 specifically states about the manner of levy of fee and their collection. Similarly, Rule 48-A of the Rules, 1958 was enacted for the establishment of Check Gates by the Market Committee. The provisions in the Act, 1956 and the Rules, 1958 entrust the power to the officials of the Market Committee to search, seize and inspect any person carrying on business in the market area under the RMC. If Rules are not obeyed the very purpose of collection of market fee by establishing such Check Gates that the market fee collected from the purchaser/traders are used for the interest of the farmers and agricultural producers would be frustrated. So, Rule 48-A was inserted with bona fide intention of the Legislature to promote the interest of the farmers or agriculturists and there should not be any middleman to collect the fees un-authorizedly.