SHREE BISHWANATH JEE MILLS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the notification dated 31.12.86 (Annexures -5 and 6) issued under Section 5(2) of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act) so far as the same relate to the petitioner. It is also directed against the order dated 27.2.96 (Annexure -7), whereby the petitioner was called upon to show cause as to why its licence be not cancelled for its failure or refusal to act in accordance with the aforesaid orders marked Annexures 5 and 6, operation of which (Annexure -7) was stayed by this court by order dated 5.5.98. The petitioners rice mill is situated in village Mishraulia, the then subdivision of Buxar.

(2.) THE petitioner is a partnership firm engaged in the business of rice mills in the name and style of Shree Bishwanath Jee Mills at village Mishraulia, PO and P.S. Buxar, district Buxar, and is before this court represented by one of its partners. The business of rice mill involved purchase of paddy from the agriculturists or other sellers, which undergoes a certain process in the rice mill and is converted into rice. It is agreed at all hands that both paddy as well as rice are covered by the entry yiflH and is, therefore, within the mischief of the Act, and the Rules framed thereunder. The State Government may by an appropriate notification issued under Section 5 of the Act declare for each market area one principal market yard and there may also be one or more sub -market yard. Section 5 of the Act reads as follows :

(3.) THE Buxar sub -division as it then stood, appears to be the principal market yard in terms of Section 5 of the Act. While exercising powers under the said provision, the State Government issued the notification published in the Bihar Gazette (extra ordinary) on 4.12.74 (Annexure -4), declaring villages Dhansoi, Bhadaipur, Jabalpur, and Sarenja as sub -market yards. The State Govt, issued a similar notification published in the official gazette (extra ordinary) on 23.3.75 (Annexure 4/A), thereby declaring the eight villages mentioned therein as the sub market yards in terms of section 5 (2) of the Act. Thereafter the State Government issued the impugned notification which was published in the Bihar Gazette {extra ordinary) on 31.12.86 (Annexure -5) in purported exercise of the powers under Section 5(2) of the Act, whereby the aforesaid village Mishraulia (apart from other villages mentioned therein but not relevant in the present context), was declared as principal market yard for uian,