GHISATAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition the validity of the establishment of a sub market yard in the Cantonment area of Nasirabad has been challenged. The petitioner, who is said to be carrying on business of purchase and sale of food-grains and chillis in the Nasirabad Cantonment area, has approached this Court with the submission that Nasirabad Cantonment area is not included in the market area of the Ajmer Market Committee, established under section 6 of the Rajasthan Agriculture Produce Market Act, 1961 (herein after called 'the Act') and as such a sub-yard under section 7 of the Act could not have been established in respect of the territory comprised within the Cantonment area of Nasirabad.

(2.) IT is not in dispute that Nasirabad town is included in the area of Nasirabad Cantonment, established under the Cantonment Act, 1924 and is administered by the Cantonment Board in accordance with the provisions of the aforesaid Act of 1924. The Rajasthan State Government issued a notification on December 30, 1966, which was published in the Rajasthan Gazette dated March 9, 1967, establishing a Market Committee for the areas comprised within the Municipal Board, Ajmer and the Panchayat Samitis of Shrinagar and Pisangan and also established a main-yard at 'padav' in the city of Ajmer and a sub-yard at "nai Dhanmandi", Dargah Bazar, Ajmer. By an earlier notification issued on June 28, 1966 and published in the Rajasthan Gazette dated August 4, 1966, a Market Committee was established in the area covered by the Municipal Council of Ajmer and the Panchayat Samitis of Shrinagar and Pisangan for the purpose of sale and purchase of agricultural produce. By a subsequent notification dated March 14,1972 published in the Rajasthan Gazette dated April 6, 1972 the State Government, purported to establish a sub-yard of the Market Committee, Ajmer, located at Nasirabad, within the limits of Nasirabad Cantonment area. IT is submitted by the learned counsel for the petitioner that the Nasirabad Cantonment area does not constitute part of the market-area of the Market Committee Ajmer, as declared under Section 4 of the Act and as such a sub-yard could not be established for the area comprised within the limits of Nasirabad Cantonment Board, under sub-section (2) of section 5 of the Act. The submission of the learned Deputy Govt. Advocate on the other hand is that Nasirabad Cantonment area is included in the area of Pisangan Panchayat Samiti and in the reply filed on behalf of the Krishi Upaj Mandi Samiti, respondent No. 2, a notification dated September 10, 1959 issued by the State Government, has been relied upon for the contention that the Cantonment area of Nasirabad is included in the Pisangan Panchayat Samiti. The notification dated September 10, 1959, published in the Rajasthan Gazette of the same date, issued by the State Government under section 6 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 defines the area of Pisangan Panchayat Samiti as under: - "villages included in the 52 patwar circles not covered by Shrinagar block. "

(3.) IN the result, the writ petition is allowed and the notification issued by the State Government dated March 14, 1972 published in the Rajasthan Gazette dated April 6, 1972 is quashed and it is declared that all proceedings taken in pursuance of the aforesaid notification, so far as the Nasirabad Cantonment Board area is concerned, is invalid and void. IN the circumstances of the case, the parties are left to bear their own costs. .