MUNICIPAL CORPORATION OF THE CITY OF SOLAPUR Vs. SOLAPUR AGRICULTURAL PRODUCE MARKET COMMITTEE

JUDGEMENT

(1.) On March 21, 1966, the respondent, Sholapur Agricultural Produce Market Committee, Sholapur filed Regular Civil Suit No. 225 of 1966, in the Court of the Civil Judge, Senior Division, Sholapur, against the Municipal Corporation of the City of Sholapur, the appellant in the above Second Appeal, for a declaration that the Municipal Corporation of the City of Sholapur, which will be hereinafter referred to as the "Municipal Corporation", had no right to establish or authorise or allow to be established any cattle market in the suit area for the purchase and sale of cattle enumerated in the two Notifications, referred to in the Suit, and by reason of the assumption of regulation of marketing of cattle by the plaintiff-Market Committee; and for an injunction restraining the Municipal Corporation from doing anything which would interfere with the Market Committee's exclusive right to conduct and regulate the marketing o cattle and for that reason to restrain the Municipal Corporation from levying and collecting, fees on the sale of cattle (Shingoti) and for that reason also to restrain the Municipal Corporation from auctioning the monopoly of collecting fees on the sale of cattle (Shingoti), as published by the Municipal Corporation in some of the local papers.

(2.) The case made out on behalf of the Market Committee in the plaint, was as follows: The Market Committee was established under Section 5 of the Bombay Agricultural Produce Markets Act, 1939. In exercise of the powers conferred by Sub-section (4) of Section 4 of the said Act, the Government declared North and South Sholapur Talukas, as market area for the purposes of the said Act, in respect of bullocks, he-buffaloes, she-buffaloes, cows, horses, sheep, goats and fodder in addition to rice, wheat, Jowar, Bajari, etc. under the Notification No. APM. 27 (Sholapur) dated April 25, 1964, published in the Maharashtra Government Gazettee of May 21, 1964. The said Notification was as under:

(3.) By another Notification No. APM-27 dated May 1, 1965, issued by the Commissioner, Poona Divn., Poona, the localities mentioned in para. 3 of the plaint were included within the limits.of the Sholapur Municipal Corporation, which shall hereinafter be referred to as the "suit area". Wherever marketing in cattle and fodder was going on at the time of the Notification and at the time of the suit, were included in the market yard.