K. C. Agrawal, J. - (1.) This petition has been filed by three firms of three different places. There places are ; (i) M/s. Shanker Industries, Village Harisinghpur, Kotdwar. (ii) M/s. Himalayan Industries, Village Kudrya, Kotdwar. (iii) M/s. Prakash Udyog, Village Kashirampur, Kotdwar. They have been dealing in the foodgrains, which has been declared as agricultural produce under the U.P. Krishi Utpadan Mandi Adhiniyam.
(2.) Under Section 7, the State Government is empowered by Notification in the Gazette declared such portion of the Market area as may be specified as the principal Market Yard. Kotdwar was declared as the principal Market Yard. The villages where the petitioners were carrying on their business. Were not included by the Initial notification in the Principal Market Yard. Subsequently, a notification was issued in 1971 including the aforesaid three Villages in the Principal Market Yard, Kotdwar.
(3.) The first point raised by the petitioners is that there was no power conferred by the Krishi Utpadan Mandi Adhiniyam to include within the Principal Market Yard which were not included initially in the same by the notification issued under Section 7. The petitioners case was that it was by a subsequent amendment by U.P. Act No. 19 of 1979 that the power to the State Government to include any area or to exclude any area from the area of the Principal Market Yard had been conferred. Sub-section 2(a) of Section 7 after amendment reads as under:- "(a) include any area in or exclude any area from the area of principal market yard or Sub-Market yard or abolish the existing principal market yard or Sub-Market yards and declare a new principal market yard or Sub-Market yards.";