LAWS(KAR)-1970-7-5

GURUMURTHY S MARATHE Vs. AGRICULTURAL PRODUCE MARKET COMMITTEE SAGAR

Decided On July 01, 1970
GURUMURTHY S.MARATHE Appellant
V/S
AGRICULTURAL PRODUCE MARKET COMMITTEE, SAGAR Respondents

JUDGEMENT

(1.) In these ten writ petitions the question raised is the validity or propriety of the demand made by the common respondent, the Agricultural Produce Marketing Committee, Sagar that the petitioners were bound to take processor's licence under the terms of S.8(l) (b) (ii) of the Mysore Agricultural Produce Marketing (Regulation) Act, 1966. Out of the ten petitioners, the petitioner in W.P.3953 of 1969 carries on a process where-by paddy is converted into 'chira' (meaning avalakki) ; the other nine petitioners are owners of rice mills who carry on the process of converting paddy into rice.

(2.) The portion of S.8 on the strength of which the respondent Market Committee contends that the petitioners are bound to take out a licence, leads as follows:

(3.) The principal argument on behalf of the petitioner is that they could be brought within the scope of the licensing provision, only if the process carried on by them is "in relation to the marketing of the notified agricultural produce", and that unless the process is related to the marketing of the notified agricultural produce and unless the produce both before and after processing is, or retains the character of, a notified agricultural produce, the process carried on by them cannot attract the liability to take out a licence therefor.