KUNDANMAL BASTIMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE three writ petitions being of identical nature were heard together and can conveniently be disposed of by a common judgment.

(2.) THE petitioners are dealers at Pali carrying on business inter alia in cotton seeds. THEy pray for a writ in the nature of certiorari, mandamus or prohibition or any other suitable writ for striking down the item "cotton seeds" from the list of commodities applicable to the Krishi Upaj Mandi, Pali and further the respondents be restrained from calling upon the petitioner to take a licence for carrying on trade in this commodity or to recover fees from the petitioners by taking any coercive action against them. It will be convenient to take the facts from writ petition No. 1981 of 1971.

(3.) COTTON seeds may be a component of unginned cotton, but as soon as it is separated from unginned cotton commercially it becomes a different commodity though chemically it may remain the same. Further what is important is that a commodity is bought and sold in the market proper or market yard. It is not necessary that it be produced in the market area. If it were so then by asserting that a particular commodity was not produced in a particular market area the law could very easily be evaded. Therefore, there is no point in contending that the commodity to be regulated should have been produced in the market area. It may be that the petitioner brings the commodity from Gujarat, but there is no sufficient data for holding that he acquires title in the goods while they are outside Rajasthan and he does not purchase them at Pali. These are all questions of fact which cannot conveniently be gone into in the exercise of the extraordinary jurisdiction of this Court.