SOMANATH MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the notices dated 10.03.2003 issued under Annexure -10 (wrongly referred to as Annexure -9 in the writ petition) and 16.03.2003 (Annex. -12) by which the petitioners have been directed by the opposite parties -authorities under the provisions of Orissa Agricultural Produce Markets Act, 1956 (hereinafter called 'the Act, 1956) not to run the Somanath Hat as it was in contravention of the provisions of Section 4(3) of the Act, 1956 and to pay the dues of market fees to the tune of Rs.13,46,978/ for the years 1994 to 2003.

(2.) THE factual matrix giving rise to the present writ application is that petitioners claim that they along with others are the owners of an ancient Hat called "Somanath Hat" established in the year 1903 in village Chatra within Jagatsinghpur Municipal area. It mostly runs by the retailers who use to sell stationary articles, clothing, ornaments, iron goods, fertilizers, etc. The said Hat is held twice in a week on private lands belonging to the petitioners as well as on some lands belonging to the deity Somnath Mahadev. Petitioners also claim that they being the tenant of the said deity use to pay rent in shape of vegetables, grams, etc. for Bhoga and Prasad of the deity. The area of the said Hat had been recorded in the name of their forefathers and subsequently in the names of the petitioners in the successive Record of Right. After constitution of Jagatsinghpur Notified Area Council (for short, "the NAC") in the year 1973, the said NAC vide its notice dated 19.1.1973 under Sections 297 and 298 of the Orissa Municipal Act, 1950 (hereinafter called, "the OM Act") called upon the petitioners to file an application for obtaining licence for running the said Hat. Petitioners challenged the said notice by filing a writ petition bearing O.J.C. No.169 of 1975 and got an interim order in their favour. According to the petitioners, since they got the matter settled outside the Court, the said writ petition was withdrawn where after the NAC did not collect any licence fee. On 13.9.2002, petitioner No.1 applied for licence as provided under Section 297 of the O.M. Act before the Collector & District Magistrate, Jagatsinghpur, for running the said Hat, which is still pending consideration. On 8.3.2003, the Regulated Market Committee (for short, "RMC"), Jagatsinghpur opened a Market Yard (Krusaka Bazar) and informed the public that Ac.2.00 of land had been notified as market yard pursuant to the Govt. Notification dated 5.6.1994 along with a list of agricultural produces for sale and purchase only at the said market yard and not in any other area within a radius of eight kilometers from the market yard. According to the petitioners, the said earmarked market yard being a pond cannot serve the purpose of the general public. The Chairman, RMC, Jagatsinghpur -opposite party No.2, vide notice dated 10.3.2003 (Annexure -10) restrained the petitioners from running the said Somanath Hat illegally in contravention of the provisions of Section 4(3) of the Act, 1956 after Government Notification dated 18.1.1982 made under Section 4 of the Act, 1956 and Notification dated 5.6.1994. In response to the said notice, the petitioners on 13.3.2003 replied that they had not violated any provision of the Act, 1956 by running the said Hat. Immediately thereafter, opposite party No.2 issued another notice dated 16.3.2003 (Annexure -12) fixing the market fee to the tune of Rs.13,46,978/ - and directed the petitioners to pay the same by 31.3.2003. Subsequent thereto, opposite party No.2 asked the petitioners to refrain from allowing purchase and sale of notified agricultural produces in the said Somanath Hat and to take steps for prevention of such sale and purchase therein. Hence this petition.

(3.) ON the contrary, Shri P. Panda, learned Addl. Standing Counsel for the State has submitted that State Government has issued notification under Sub -section (1) of Section 3 of the Act, 1956 disclosing the intention to declare certain area as market area in respect of some specified agricultural produces in Jagatsinghpur market in the district of Cuttack inviting objections and suggestions. On 22.9.1996 notification under Sub -section (1) of Section 4 of the Act, 1956 was issued declaring the area specified in the schedule to be the market area of Jagatsinghpur in the district of Cuttack. On 25.11.1955, the Revenue Department published a notification declaring the name of the subdivisions, police stations, villages comprising local area and name of the Gram Sabhas, i.e., Gram Panchayats. On 23.10.1967, notifications regarding constitution of market committee in the market area of Jagatsinghpur under Section 6 of the Act, 1956 were published. On 21.03.1973, notification as per Rule 46 of the OAPM Rules declaring certain area/plots to be the market yard in the market area of Jagatsinghpur was published. On 09.01.1981, the State Government issued notification under Sub -section (5) of Section 4 read with Section 3 of the Act, 1956 disclosing the intention to declare the entire subdivision of Jagatsinghpur in the district of Cuttack as market area inviting objection and suggestions. On 19.02.1982, finally the notification was published under Sub -section (5) of Section 4 of the Act, 1956 declaring the entire Revenue subdivision of Jagatsinghpur in the district of Cuttack as market area. On 19.11.1985, notification was issued under Sub -section (5) of Section 4 of the Act, 1956 read with Rule 46 of the Orissa Agricultural Produces Marketing Rules (hereinafter called 'the OAPM Rules) declaring certain plots to be the market yard in the market area of Jagatsinghpur. On 03.06.1994, notification under Sub -section (5) of Section 4 of the Act, 1956 read with Rule 46 of the OAPM Rules was issued declaring certain plots of village Chatra of Jagatsinghpur district as market yard. Mr. Panda in support of his contention that Chatra as Mouza under Jagatsinghpur Police Station relied on the ROR published in respect of one tenant. Thus, it was submitted that once notification has been issued including the entire Revenue Sub -division of Jagatsinghpur as the market area of Jagatsinghpur, the prohibition contained under Sub -section (3) of Section 4 of the Act, 1956 will automatically come to operation. Therefore, the petition is devoid of any merit and liable to be dismissed.