CHHAGANLAL MANSUKHLAL Vs. AGRICULTURAL PRODUCE MARKET COMMITTEE DOHAD

JUDGEMENT

(1.) The petitioners herein have by this petition challenged the vires of the rules 48 and 54 of the Gujarat Agricultural Produce Markets Rules 1965 thereinafter referred to as the Rules) framed by the State Government under sec. 59 of the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as the Act).

(2.) The petitioners are dealing in agricultural produce at Dohad district Panchmahals and are holding A class licence granted by the respondent No. 1 the Agriculture Produce Market Committee at Dohad established under sec. 9 of the Act and which is hereinafter referred to as the Committee.

(3.) The case of the petitioners is that they are interested in the business of buying and selling of agricultural produce on a large scale and hence they have to purchase goods from the places situated either outside the market area established for the purpose of the Act or from outside the State of Gujarat. After purchasing goods in this manner they sell those goods either to the persons who are carrying on business within the market area or to the persons who carry on business outside the market area. According to the petitioners the provisions of the Act and the Rules do not apply to the following categories of transactions entered into by them:-