BHIKAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE have before us a group of nine writ petitions whereby the several petitioners, who are carrying on business in agricultural commodities in what were recently constituted as Market Areas, under the Rajasthan Agricultural Produce Markets Act, 1961, (No. 38 of 1961) hereinafter to be referred as the "act" seek writs in the nature of prohibition against the State and other respondents restraining them from making any interference with their right to carry on their business unhampered as before. They also ask for a writ or an appropriate direction for quashing the various provisions of the Act, Rules and Bye-laws framed thereunder on the ground that they were null and void. As the writ petitions present some common features, they can conveniently be disposed of together.

(2.) BEFORE we come to enumerate the several grounds of attack taken in the various writ petitions we think it convenient to refer to the salient features of the Act.

(3.) SEC. 17 empowers a market committee to levy cess and it runs as under - SEC. 17 Power to levy cess - The market committee may, subject to the provisions of rules and subject to such maxima as may be pres cribed, levy a cess on the agricultural produce bought and sold by the licsncess in the market. "