- (1.) The allegations on which the petition is based are these. The petitioner is carrying on the business of selling and purchasing foodgrains as a commission agent licensed under the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the Act) at Mandi Adampur in District Hissar. On the 18th of August, 1971, the Market Committee, Mandi Adampur, who is the sole respondent to the petition and is hereinafter called the Committee, issued a notice to the petitioner (Annexure "C" to the petition) requiring him to attend the office of the Committee on the 25th of August, 1971, at 11 A.M. and to produce or cause to be produced at the said place and time his account-books. The notice was complied with and the account books of the petitioner were examined on the date fixed by the Secretary of the Committee who found no fault with them. Without holding any further proceedings, however, the Committee served the petitioner with the impugned notice on the 20th of September, 1971. On the very next day the petitioner, applied to the Committee for a copy of assessment order but no such copy was furnished to him and, on the other hand, he was supplied with a copy of a resolution dated the 15th of September, 1971 (Annexure "F" to the petition), the relevant part of which is to the following effect :- "Ad hoc Sub-Committee considered the report of the Sub-Committee dated 13-9-1971 about assessment of M/s Munshi Ram Krishen Kumar and unanimously decided that a market fee of Rs. 2168.43 P. (Rupees two thousand one hundred and sixty eight and paise forty-three only) be recovered from M/s Munshi Ram Krishen Kumar and 50 per cent of this, i.e., Rs. 1084.22 P. (Rupees one thousand and eighty four and paise twenty two only) as penalty be also recovered. If they do not deposit this, amount within seven days, the same may be recovered through the District Collector."
(2.) The impugned notice is attacked on the grounds that it was based on no order of assessment or on any material justifying it and also because the petitioner was not given any opportunity whatsoever of being heard.
(3.) The Committee has not put in appearance and the proceedings are ex parte against it.;