AMAR SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ No. 1835 of 1966 and Civil Writ No. 728 of 1967 as common question of law is involved in both these petitions.

(2.) THESE two petitions under Articles 226 and 227 of the Constitution have been filed by Amar Singh, Proprietor of Firm Amar Singh, Harbans Singh of Mewa Mandi, Amritsar and M/s. Dhanoo Ram, Ram Chand, Sabzi Mandi, Abohar, district Ferozepur respectively for the issuance of a writ certiorari quashing the impugned Notification No. GSR -93/PA -23/61/S. 38/AMD/66, dated 29th of April, 1966, and also for a writ of mandamus directing the State authorities not to treat the items of agriculture produce which are grown outside the State of Punjab as items governed by the provisions of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the Act).

(3.) ACCORDING to the allegations of the Petitioner in Civil Writ No. 1835 of 1966, the Petitioner is a Commission Agent and a Kacha Arhti dealing in purchase and sale of fruits and vegetables within the notified area of Market Committee, Amritsar, and has been granted licence for doing this business under the provisions of Section 6 of the Act. It was alleged that the State Government vide its aforesaid Notification, dated 29th April, 1966, added to the schedule a large number of items (fruits and vegetables) which are produced in States other than Punjab, and on this ground the Secretary, Market Committee, Amritsar, has by a notice required the dealers in items added to the Schedule to obtain licences under the Act immediately in respect of those items. It was asserted that by the same notice the dealers were further warned that they will have to pay market fee on these items @ 40 Paise for every one hundred rupees, failing which they will be dealt with in accordance -with law for the breach of the provisions of the Act. A copy of this notice was attached with the petition as Annexure 'A'. A deputation of the traders met the higher authorities and also the Hon'ble Minister but the same did not bear any fruit. Hence finding no other remedy, the impugned notification which is attached with this petition as Annexure 'B' of which reference has been made earlier, is sought to be impugned on the ground that the same is invalid and ultra vires in so far as no show cause notice was given to the Petitioner and other dealers before the same was issued and no objections were invited from them and considered by the State -Government as contemplated under Section 5 of the Act.