FULABHAI GOVINDBHAI Vs. KAIRA DISTRICT TOBACCO MARKET COMMITTEE

JUDGEMENT

(1.) In both these petitions though the petitioners are different the provisions of the Rules and the bye-laws framed under the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as the Act ) have been challenged by the respective petitioners. The rules in both the petitions are in connection with the bye-laws of the Kaira District Tobacco Market Committee Anand and in connection with the market area the principal market yard and the market proper set up for the purpose of controlling trade in tobacco in Kaira District these challenges have been made.

(2.) The petitioners in Special Civil Application No. 460 of 1969 state that petitioners Nos. 1 2 and 3 are dealers in tobacco. Petitioner No. I purchases its tobacco from agriculturists and/or other dealers in tobacco and/or from through brokers or commission agents and petitioners Nos. 2 and 3 are commission agents and brokers. Petitioners Nos. 4 and 5 claim to be agriculturists and tobacco growers. On November 2 1939 the Legislature of the Province of Bombay enacted an Act called the Bombay Agricultural Produce Markets Act 1939 (hereinafter referred to as the Bombay Act) to provide for better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the Province of Bombay. Subsequent to the enactment of the Bombay Act secs. 4A 5 5 and 5BB and secs. 18A to 18C 21 21 and 29A were added in the Bombay Act. Pursuant to the powers vested in the Provincial Government in that behalf under the Bombay Act Rules were framed by the Provincial Government in 1941 and thereafter in 1960 the Commissioner Ahmedabad Division declared that with effect from 15th February 1960 the area of Kaira District was to be the market area for the purposes of the Bombay Act in respect of purchase and sale of tobacco. That notification was issued on 9th February 1960. Thereafter a further notification was issued on October 18 1960 mentioning that the localities mentioned in the notification were to be the market yard for the market area of Kaira District and by another notification dated October 18 1960 the Commissioner concerned further notified that the area within the limits of Anand Municipality was to be the market proper in the market area of Kaira District. It is by virtue of these three notifications that in 1960 first the market area of the entire Kaira District was set up as the market area for purchase and sale of tobacco and the market yard was set up at Anand and the market proper was set up coterminous with the limits of Anand Municipality.

(3.) Bombay Act of 1939 was repealed by the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as (the Gujarat Act) and in exercise of the powers conferred upon it by sec. 59 of the Gujarat Act the Government of Gujarat framed Rules called the Gujarat Agricultural Produce Market Rules 1965 (hereinafter referred to as the Gujarat Rules). Thereafter the first respondent-Market Committee has framed appropriate bye-laws as well. In Special Civil Application No. 460 of 1969 the petitioners have challenged some of the provisions of the Act as well as the Rules and we will later on set out seriatim the different contentions urged on behalf of the petitioners regarding those challenges.