JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners by this writ petition, have challenged the Notification dated 24. 9. 1986 (Annex. 4) and sought declaration that bamboos and ballis are not agricultural produce and its trade cannot be regulated under the Rajasthan Agricultural Produce Market Act, 1961 (for short "the Act of 1961") and the petitioners further prayed that the notices issued for demanding mandi fees on sale of the bamboos and ballis (Annex. 5,7,9,10a,12,13 and 15) be declared illegal and quashed. THE petitioners further prayed that the respondents may be restrained from effecting the market fees from the petitioner on the purchase and sale of bamboos and ballis. THE Notification dated 24. 9. 1986 which was issued under the provisions of Section 40 of the Act of 1961 was challenged earlier in the year 1987 by filing four writ petitions which were dismissed by this Court by common order dated 25. 7. 1996. According to the learned counsel for the petitioner, neither the relevant provisions of laws were brought to the notice of this Court at that time nor the effect of inclusion of certain agricultural produce in the scheduled appended to the Act of 1961 was examined. THErefore according to the learned counsel for the petitioners, the view taken by the learned Single Judge of this Court in S. B. Civil Writ Petition No. 704/1987 dated 25. 7. 1996 is per-incurium. It is also submitted that even the Notification under Section 40 amending the Scheduled is upheld, it itself cannot put any restriction upon the trade in bamboos and ballis till a Notification under Section 4, after following the procedure under Section 3 of the Act of 1961 is issued. And admittedly no Notification under Section 4 has been issued by the State inspite of the fact the Notification under Section 3 has been issued.

(2.) THE brief facts of the case are that to secure better and adequate price for agricultural for their agricultural produce an Act, namely, Rajasthan Agricultural Produce Markets Act, 1961 was enacted in the year 1963. THE similar legislation has already been enacted in the State of Bombay, madras, Andra Pradesh, Punjab, Madhya Pradesh, Hyderabad, Madhya Bharat and Mysore before enactment of the Act in the year 1961 in Rajasthan. THE statement of objects and reasons for enacting the Act of 1961 clearly provides that it has been enacted so as to help the agriculturists in getting the better price for their produce and for that purpose, the market is required to be regulated.

(3.) A Schedule has been appended to the Act of 1961 which purports to have been enacted and incorporated in the Act of 1961 to include certain agricultural produce within the purview of agricultural produce as defined in sub-clause (i) of sub-section (1) of Section 2. Section 40 of the Act of 1961 empowers the State Government to add, amend or cancel any of the items of agricultural produce specified in the Schedule by publication of Notification in official Gazette for the purposes, namely, to add, amend or cancel any of the items of agricultural produce specified in the Schedule.