MESSRS PAHLAD RAI BHAWANI PRASAD, KOSLI, TEHSIL JHAJJAR DISTRICT ROHTAK Vs. THE MARKET COMMITTEE, KOSLI, TEHSIL JHAJJAR, DISTRICT ROHTAK AND ANOTHER

JUDGEMENT

(1.) THE facts giving rise to this petition under Article 226 of the Constitution of India may briefly be stated as follows:

(2.) THE brief account of the services which the petitioner desires to be given may now be set out. It is stated that under rule 24 of the Punjab Agricultural Produce Markets (General) Rules 1962 (hereinafter called the Rules), for the agricultural produce brought to the Market to be sold by open auction within the fixed timings no arrangements have been made Under rule 25 of the Rules the officials of the Market Committees are required to perform important duties in connection with weighing of agricultural produce brought into the Market. The performance of such duties requires the establishment of an office or a sub -office of the Committee in each market. The respondent -Committee has not set up any office. Under rule 26 (2) of the Rules, every market committee is required to keep in the market area at least one weighing instrument of the capacity of one quintal and two sets of weights or two sets of measures duly verified and stamped in accordance with law. The Committee has not complied with this rule. Nor have a weighbridge and a measuring yard been erected and maintained. The Committee is not taking any steps to prevent adulteration of agricultural pro duce. Because of its failure to perform these functions, it is submitted that the Committee is disentitled to charge any fees.

(3.) SHRI Anand Sarup, the learned Senior Advocate for the petitioner has levelled his challenge mainly on two grounds. Hi submits that the Committee has not been constituted in accordance with law and as such it is incompetent to levy the fees. Secondly, it has been urged that the Committee is not providing any services and so the exaction amounts to an imposition of tax which is not within the jurisdiction of the Committee.