MANINDRA NATH ROY & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1976-9-42
HIGH COURT OF CALCUTTA
Decided on September 22,1976

MANINDRA NATH ROY And ORS. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Amiya Kumar Mookerji, J. - (1.)Petitioners are Brokers/Commission Agents/Measures/Surveyors/Traders/Warehousemen. They are carrying on their business in Arambagh and Chandernegore Sub-Divisions within the District of Hooghly. Their places of business are situated at Tarakeswar, Champadanga, Pursura, Amgao, and Chiladangi within the said Hooghly District. By a notification dated 16th of Dec., 1965, the State Government in pursuance of provisions Sec. 1(3) of the West Bengal Agricultural Produce (Regulation) Act, 1972 (hereinafter referred to as the "Act") appointed 6th of Dec., 1975, as the date on which the said Act shall come into fore in Pursurah, Khanakul Arambagh, Tarakeswar, Haribal, Jangipara Police-Stations in the district of Hooghly. In exercise of the powers conferred by Sec. 3(1) of the Act, the State Government by a notification dated 6th Dec., 1975 declared those ares referred to hereinabove to be the "market area" within which purchases and sales of agricultural produces were to be regulated. By another notification dated 16th Dec., 1975 in exercise of powers conferred in sub-section (1) of Sec. 5 of the said Act, a market commitee known as Chapadanga Regulated Market Committed in respect of the said market area was formed. Under Sub-section (4) of section 5 of the Act the State Government appointed with effect from 16th Dec. 1975 nine persons as members of the said Chapadanga Regulated Market Committee. Thereafter, on the 8th of April, 1976 a notice was issued by the said Market Committee asking the petitioners to take out licences within ten days from the receipt of the said notice at the rates mentioned therein. Subsequently on 29th of May, 1976 another notice was issued informing the petitioners that the said Committee in a meeting held on 21.5.76 unanimously resolved to collect "Market fess" as per section 17 of the said Act form the buyer @ Re. 1.00 per 100.00 rupees worth of transaction of Jute, Potato, Onion, Vegetables, Paddy, Rice etc. from the 1st of June, 1976 at their premises. The petitioners were also requested as per Rule 8(18) of the West Bengal Agricultural Produce Marketing (Regulation) Rules 1973 to maintain from 1st of June, 1976 the Registers and Accounts daily in the proforma as mentioned therein. The petitioners being aggrieved by the notification of the State Government constituting the Market Committee and the subsequent two notices issued by the said Market Committee filed this application under Act. 226 of the Constitution on July 12, 1976.
(2.)Before issuing any Rule, I directed to serve a copy of this application upon the learned Government Pleader. An affidavit of service has also been filed on the 26th of July, 1976. The respondents had entered appearance through Mr. Kalyanmoy Ganguly and Mr. Kedar Nath Laha. An affidavit-in-opposition has also been filed on behalf of the respondents and affirmed by Nripendra Bikas Das Gupta, the Additional Director of Agricultural (Marketing).
(3.)Mr. Chakravorty, appearing on behalf of the petitioners contended that the notification of the State Government dated 16th Dec., 1975 constituting the Market Committee with nine persons was illegal and vires sub-section (3) of section 5 of the Act inasmuch as the said sub-section (3) of Sec. 5 of the Act provides that a Market Committee would consist of at least eighteen members. According to Mr. Chakravorty as the Market Committee was illegally constituted contrary to the provisions of the Act, all subsequent actions and notices issued by the said Market Committee were also illegal and without jurisdiction.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.