B.N.Sapru - (1.) THIS appeal arises out of the refusal by the trial court to grant an injunction in favour of the plaintiff appellants.
(2.) THE plaintiff appellant Vyapar Mandal, Etawah, filed a suit alongwith the other traders who are wholesale dealers in foodgrains. THEy are carrying on their business within the municipal limit of Etawah city. Sometimes in the year 1972, the whole of the municipal area was declared a principal market yard under the provisions of the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereafter to be referred to as ' the Act '). It appears hat a market complex was constructed by the Krishi Utpadan Mandi Samiti, Etawah, at Sirajmau. Thereafter on 30-7-1984 two notifications were issued by the State Government. The first notification was the Notification no. 1825/XII-5- 600 (298)-83 which was published in the U. P. Gazette dated 2-8-1984. It was issued under clause (a) of sub-section (2) of section 7 of the Act. It runs as follows : " In exercise of the powers under clause (a) of sub-section (2) of Section 70 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U. P. Act no. XXV of 1964), the Governor is pleased to include with effect from the date of publication of this notification in the Gazette, the following area in the area of the Principal Market Yard, Etawah specified in Notification No. G.A.M.O/782-A (Reg.)/10823-8, dated March 14, 1972. Etawah Principal market yard. The entire area within the limits of Gaon Sabha Kasba, Etawah of Nyaya Panchayat Sunderpur of Vikas Khand Basrehar (District Etawah). " The other notification published on the same date is the Notification no. 1828/XII-5-600 (298)-83 which was also published in the U. P. Gazette on 2-8-1984. It runs as follows : " Whereas the State Government considers it necessary and expedient in the public interest to regulate the sale and purchase of agricultural produce and for controlling the markets thereof. Now, therefore, in exercise of the powers under clause (b) of sub-section (2) of Section 7 of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U. P. Act No. XXV of 1964) the Governor is pleased to declare that, with effect from the date of publication of this notification in the Gazette, the wholesale transactions of the agricultural produce in respect of Etawah Market area, specified in Schedule A shall be conducted only within the Etawah Principal Market Yard of Market Area specified in Schedule B. Schedule ' A ' Schedule B. Area of Gaon Sabha Kasba Etawah of Nyaya Panchayat, Sunderpur of Vikas Khand Basrehar of district Etawah bounded as below : East : Plot nos. 187/1, 187/3, 124, 91/2, 127, 126, 128 ; West : Etawah-Bareilly Road ; North : Chak road (plot no. 67), 128 South : Sunderpur Minor (plot no. 99) and Etawah-Bharthana Road (plot no. 247). "
(3.) TO complete the history, it is necessary to mention here that finally on 26-7-86 a notification no. 4572/XII-5-86-600(298)-83 dated 26-7-1986. It provides as follows : In exercise of the powers under clause (a) of sub-sec. (2) of Sec. 7 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 U. P. Act no. XXV of 1964) include with effect from the date of publication of this notification in the Gazette, the following area in the area of the Principal Market Yard, Etawah specified in Notification no. S.A.M.O./782-A (Reg.) 10823-8, dated March 14, 1972 as amended from time to time : " The entire area within the limits of village Siraj Mau of Gram Sabha Datavali of Nyaya Panchyat Chitbhawan of Vikas Khand Basrehar, district Etawah. " The appellants filed a suit in which they challenged the validity of the notification No. 1828/XII-5-600 (298)-83 dated 30-7-1984, which has been reproduced earlier. Under the notification, it was provided that the business of wholesale transactions in the specified agricultural produce mentioned in Schedule ' A ' in respect of the Market area shall be conducted only within the Etawah Principal Market yard of Market area specified in Schedule ' B '. Many grounds were taken challenging the validity of the said notification It was stated that before the issue of the said notification the authorities making the notification did not apply their mind to the nature of the land where the traders were required to go for carrying on their business in wholesale transactions. It was submitted that there was a railway line between the Etawah and proposed site of Market complex and it was not possible for the traders to carry on their business there.;