N.P.SINGH, C.J. - (1.) The appellant has filed this appeal against the judgment of a learned Judge of this Court, directing the respondents of the writ application not to realise the market fee within the market area in question till the respondents fully perform their duties and obligations as enjoined by the provisions of the West Bengal Agricultural Produce Marketing (Regulation) Act of 1972 (hereinafter referred to as "the Act").
(2.) It is the case of the petitioners of the writ application (hereinafter referred to as "the petitioners") that they are traders and agriculturists residing within the "Market Area" comprising Nakasipara, Kaligunj, Krishnanagar II and Tehatta II in the District of Nadia. It has been alleged that although a notification has been issued declaring several villages as "Market Area" in accordance with the provisions of Section 3 of the Act but no infrastructural arrangements have been made by the Market Committee for providing any service to the agriculturists or traders who sell or purchase the agricultural produce within the said market area. It has been stated that only the principal market yard has been established at Bethuadahari and no sale area or yard have been established anywhere within such market area extending over a distance of over 70 kms. According to the petitioners unless the Market Committee provides the different facilities, to the traders and agriculturists within the market area, there is no justification for the Market Committee to insist the traders to take licence in accordance with the provisions of the Act or to demand market fees on the sale and purchase of the agricultural produce.
(3.) An affidavit-in-opposition on behalf of the Market Committee has been filed. It has been pointed out that no sooner the market area was established, writ applications were filed challenging the validity of the provisions of the Act and the constitution of the Market Committee. Because of the pendency of such applications for about ten years "the Market Committee could not take adequate measures for the improvement of the market area or to implement the provisions of the said Act providing facilities and amenities to the traders or to establish the sub-market yards in accordance with the scheme laid out for the purpose". It has been further stated on behalf of the Market Committee that "the Market Committee has the scheme to establish sub-market yards, to provide for checking of standard weights and measures and other facilities to the Market Functionaries as envisaged in the said Act. But at present the Market Committee is not in possession of such fund as to provide all such facilities instantly because of continuance of the order of injunction as stated hereinbefore". It has been asserted that "the Market Committee has already provided facilities to the Market Functionaries by setting up a well built principal market yard, by constructing godowns and sheds, internal roads in the market area, drinking water arrangements to different places, weighing facilities etc.". Thereafter it has been then stated "as the other Market Functionaries were not interested to use the godowns, the same were let out to the Jute Corporation of India, one of the market functionaries". Giving the details of such godowns and other constructions, it was stated as follows : " (i) Bail Jute godown - One (ii) Loose Jute godown - One (iii) Various crops godown - One (iv) Assortment-cum-boiling of Jute shed - One (v) Auction Platform - One (vi) Rural godown - One (vii) Cattle but shed - One (viii) Community Latrine - Ten (ix) Drinking water - Three arrangements at tube different places wells (x) Market Committee Building (xi) Boundary walls (xii) Internal Roads in the market area (xiii) Electrical arrangements.";