Palok Basn, J. - (1.) THE present petition has been filed under Article 226 of the Constitution of India by 16 Firms engaged in the business of sale and purchase of paddy, rise, wheat, oil seeds and the like, within their mill premises situated in Sitarganj, district Nainital on the strength of various licences issued to them under different control orders passed under Section 3 of the Essential Commodities Act, 1955. It is alleged that the sole respondent i. e. Krishi Utpadan Mandi Samiti Sitarganj, district Nainital (through its Chairman) hereinafter referred to as the Samiti, is illegally insisting that the petitioners should make their sale and purchase of the various agricultural produce in and from the Navin Mandi Samiti Sthal (i. e. new market yard) Sitarganj and not from any other place. Feeling aggrieved the petitioners have filed this writ petition.
(2.) BEFORE the admission of the writ petition, notice was accepted by the counsel for the Samiti who has filed a counter-affidavit to which the petitioners have filed a rejoinder-affidavit. Counsel for both the sides have been heard at length at the admission stage itself and therefore this writ petition is being finally disposed of today. The Samiti has come into existence in pursuance of U. P. Act No. XXV known as the U. P. Krishi Utpadan Mandi Adhiniyam, 1964. By the said legislation measures have been taken to regulate the markets in the State with a view to achieve the following among other objectives : 1. to reduce the multiple trade charges, levies and exactions charged at present from the producer sellers ; 2. to provide for the verification of accurate weights and scales and see that the producer seller is not denied his legitimate due ; 3. to establish market committees in which the agricultural producer will have his due representation ; 4.to ensure that the agricultural producer has his say in the utilisation of market funds for the improvement of the market as a whole ; 5. to provide amenities to the producer-seller in the market. Consequently the State of U. P. issued a notification on 28-5-70 under sub-section (1) of section 5 of the Act, a true copy whereof has been filed as Annexure-1 to the petition, whereby " the entire area within Nyay Panchayat circles of Vikas Khand Khatima district Nainital viz. 1......... 2......... 3......... 4. Sitarganj, 5......... 6......... 7......... 8......... 9...... was sought to be declared as " Sitarganj market area. " (other names omitted by us)
(3.) BY another notification dated 6-1-72 (Annexure-3 to this writ petition) the State Government declared that Sitarganj market area shall comprise of the following local bodies and Nyaya Panchayat circles : 1. The entire locality of......Khatima, Nainital. 2. The entire locality of......Tanakpur, Nainital. 3. The entire area within 9 Nyaya Panchayat circles of Vikas Khand Khatima district Nainital viz. 1...... 2...... 3...... 4. Sitarganj 5...... 6...... 7...... 8...... 9...... The petitioners have filed a notification dated 14-10-1971 (Annexure-4 to this petition) which shows that the State Government had constituted a local-body known as " town area Sitarganj " comprising of the village Sitarganj & Rampur, which notification has been issued under Clause-A of sub section (1) of section 3 of U. P. Town Areas Act 1914. The argument now advanced by the learned counsel for the petitioners is that whereas a town area has been constituted on 14-10-1971 the notifications under section 5 and/or 7 of the Act should refer only to " town area Sitarganj " and not " Nyaya Panchayat Sitarganj " because Nyaya Panchayat Sitarganj ceased to exit. The petitioner have filed a copy of another notification dated 6-8-86 whereby " town area Sitarganj " has been constituted as a " Municipal area Sitarganj " within the meaning of U. P. Municipalities Act 1916. It is argued that since the notification dated 6-1-72 issued under the Act has been published after the " town area Sitarganj " had come into being, the said notification as also subsequent notifications should be declared void and inoperative.;