CHAWLA TRADING COMPANY Vs. SECRETARY
LAWS(P&H)-2019-7-204
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 24,2019

Chawla Trading Company Appellant
VERSUS
SECRETARY Respondents

JUDGEMENT

JASWANT SINGH,J - (1.)This order shall dispose of seven* connected writ petitions, as detailed in the footnote of this order, filed by different petitioners,inter alia seeking a writ in the certiorari for quashing the impugned revisional order dated 12.10.2017 (P-5) passed by Secretary,Punjab State Agricultural Marketing Board-respondent no1; appellate order dated 13.2.2017(P-4) passed by Appellate Authority- cum-Chief General Manager,Punjab Mandi Board-respondent no.2; demand notice dated 25.5.2016 (P-1); and assessment order dated 25.5.2016 (P-2) passed by Market Committee,Sunam-respondent no.3, being illegal and in violation of Section 23 of the Punjab Agriculture Produce Market Act,1961 by illegally invoking the provisions of Punjab Rural Development Act,1987.
(2.)Since all the seven writ petitions involve identical facts 1 of 4 and common question of law, hence are being decided together. However, for the sake of clarity, facts are being taken from CWP 17746 of 2018.
(3.)The petitioner firm, based at Sabzi Mandi,Sunam and duly licenced, is running its business of sale of purchase of fruits and vegetables. It is averred that sale or purchase of fruits and vegetables is carried out with the permission and knowledge of staff of Market Committee-Sunam-respondent no.3,who used to keep the account of sale proceed of all such firms/Commission Agents and thus there being no scope of secret sale/purchase of fruits or vegetables.


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