AR.LAKSHMANAN, C.J. - (1.) This appeal is directed against the judgment of learned single Judge (G. L. Gupta, J.) dated 4-4-2000 dismissing the writ petition on the ground that amendment in the rules does not frustrate the object of the Rajasthan Agricultural Produce Market Act, 1961 (hereinafter, to be referred as 'the Act of 1961').
(2.) The writ petition was filed by the appellant, which is a registered body, praying as under :- (i) by issuance of an appropriate writ, order or direction declare the notification dated 31-7-1998 as ultra vires and completely against the purpose; (ii) by issuance of an appropriate writ, order or direction, direct the respondent that no such increase should be made by the State Government; and (iii) by issuance of an appropriate writ, order or direction it may also be ordered that the State Government should recover the excess amount charged by the brokers after 31-7-98.
(3.) By notification dated 31-7-98, the State Government has increased the rate of commission to A-Class brokers from 4% to 6%. The increase in the rate of commission from 4% to 6% is under challenge in the writ petition on the following grounds : (a) That there is no justification behind this increase and that the amount will go to the middle man. (b) The action of the Government in increasing the commission is clearly against the spirit of the Agricultural Produce Market Act and by this increase, the purpose of the Act and the establishment of the markets has been frustrated. (c) The purpose of the Act was to eliminate the rate of middle man but by this increase, the role has been made very lucrative instead. (d) The object of the Act was to benefit the producer as well as the consumer, but by this notification the Government has completely ignored the purpose and has benefited the middle man. (e) There is no rationale behind the increase and there was no necessity for the increase.;