- (1.) BY the Court.-This bunch of writ petitions has been filed by various companies duly incorporated under the Indian Companies Act, 1956 engaged in manufacture of commodities qua which Mentha and its products are the raw material. Petitioners' companies have admittedly purchased Mentha and its products from various notified market yards and have their place of manufacture/ business within the irrespective Mandi Samitis in the State of Uttar Pradesh.
(2.) SINCE the basic facts, relevant for decision of the disputes are common in all the aforesaid writ petitions, and legal aspects involved are also identical, the writ petitions are being decided by this common judgment. The facts on record of Civil Misc. Writ Petition No. 54768 of 2008 are being stated for the purposes of present judgment treating the same to be the leading case. Heard Sri Bharat Ji Agarwal, Senior Advocate assisted by Sri Shubham Agarwal, learned counsel for the petitioner in leading writ petition, Sri Ravi Kant, Senior Advocate assisted by Sri Tarun Agrawal, Sri K.M. Tripathi, Sri Yashwant Verma and Sri Rahul Agrawal, learned counsel for the petitioners in connected writ petitions, Sri S.D. Madhyan, Senior Advocate assisted by Sri Satish Madhyan, learned counsel for Mandi Parishad/Samitis and Sri Mahesh Chandra Chaturvedi, learned Chief Standing Counsel for the State-respondents. Facts in brief relevant for the dispute are: A notification dated 17th July, 2003, in exercise of power under Section 4-Aof Uttar Pradesh Krishi Utpadan Mandi Act, 1964 (hereinafter referred to as the Act, 1964), was published by the State Government for including "all types of herbs, mint, their oil, solid extracted therefrom and the residue of Mentha family in the Schedule to the Act. The notification so issued under Section 4-A is not subject matter of challenge in the present writ petition.
(3.) THEREAFTER a notification under proviso to Section 8 (1)(a) of Act, 1964 was issued on 18th July, 2003 inviting objections. This notification, which has been enclosed as Annexure-1 to the writ petition, reads as follows: "No. 2022/XII-5-2003-600 (46)-88 Dated Lucknow, July 18, 2003 WHEREAS the State Government considers it necessary and expedient in the public interest so to do. NOW, THEREFORE, in exercise of the powers under clause (a) of sub section (1) of Section 8 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U.R Act No. XXV of 1964), the Governor is pleased to exclude the agricultural produce mentioned in the schedule "A" below as the list of the agricultural produce specified in Government notification mentioned in column 4 of the Schedule "B" below as amended from time to time in respect of market area mentioned against each in column 2 thereof, above notification is published herewith a view to inviting objection against the proposed action required under the provision to the aforesaid sub-section. Any objection in regard to the above action should be sent in writing addressed to the Director Rajya Krishi Utpadan Mandi Parishad, Uttar Pradesh, Kishan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow. Only those objection shall be taken into consideration which are received within thirty days from the date of publication of this notification in the Gazette." Schedule "A" to the notification dated 18th July, 2003 reads as follows: "All types of herbs and mints of mentha family, their oils and solid material extracted from the oils and the residue left after extraction of solid." Column 2 and Column-4 of the Schedule "B" record the name of the Market area and the number and date of notification issued under Section 6 read with Section 8 of Act, 1964 qua the same.;