KESHORAM AGARWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this application inter alia have prayed for quashing of a notification bearing S.O. No. 133, dated 1-2-1989 as contained in Annexure-2 to the writ application as also the notification No. 207, dated 5-4-1990 as contained in Annexure-3 thereto whereby and whereunder a Damkera-Barwa has been declared to be the Principal Market Yard for Food Grains, Edible Oils, Sugar and Kirana Articles, as also a notice dated 17-8-1991 whereby the petitioners have been directed to shift their places of business to Damkara-Barwa by 30-8-1991 and as contained in Annexure-4 to the writ application as also an office order dated 21-8-1991 issued by the respondent No. 4 whereby the petitioners were intimated that from 1-9-1991 the place of business of the petitioners would be entered in their licences as 'Damkara Barwa'. The petitioners have also prayed for a declaration to the effect that the provisions of the Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as the said Act) and the Bihar Agricultural Produce Market Rules, 1975 (for short 'the Rules') are void and unenforceable in relation to the transactions of foodgrains, edible oils, sugar and groceries and consequently the aforementioned notifications and notices are wholly illegal and bad in law.

(2.) The petitioners have been carrying on business in foodgrains, edible oils, sugar and Kirana articles etc, in whole-sale in persuance of the licences granted to them under the provisions of Bihar Trade Articles (Licences Unfication) Order, 1984. The "petitioners have been carrying on business at different places including the term of Jharia which was declared as a submartket yard by the respondent No. 2 Market Committee.

(3.) The petitioners have contended that in terms of Entry No. 52, List I of the VIIIth Schedule of the Constitution of India, the Parliament has enacted different acts, namely, Rice Milling Industries (Regulation) Act, 1958, Industries (Regulation and Development) Act, 1952, Sugar Development Fund Act, 1982, National (Development Board) Act, 1982 and further various orders have been made by the Central Government in exercise of the powers conferred upon it under Section 3 of the Essential Commodities Act, 1955. The contention of the petitioners is that as by reason of the aforementioned legislations and orders, the Central Government has occupied the entire legislative filed relating to Sugar, Vanaspati and Edible Oils and Rice etc., the State Government is denuded from making any legislation in relation to the said commodities and thus the said Act does not fall either under Entry No. 28 or under Entry No. 66 of list 2 of the VIIth Schedule of the Constitution of India, and consequently the same must be held to be ultra vires the Constitution, insofar as thereby restriction with regard to carrying of business by the petitioners in relation to the aforementioned commodities is sought to be imposed.