BIHAR KHUDRA VIKRETA MAHASANGH Vs. BIHAR KRISHI UTPADAN BAZAR PARISHAD

JUDGEMENT

(1.) The writ application has been filed on behalf of the petitioners for a writ of mandamus directing the respondent-Bihar Agricultural Produce Market Board (hereinafter to be referred to as 'the Board') not to insist petitioner No. 2 to take licence for carrying on business in the concerned Market Committee area. Petitioner No. 1 is the Bihar Khudra Vikreta Mahasangh, a representative body of the retail dealers.

(2.) It is the case of the petitioners that petitioner No. 2 (hereinafter to be referred to as 'the petitioner') is a retail seller. The Market Committee issued notices to dealers, including the retail sellers, directing them to obtain licences, in default thereof they would be criminally prosecuted. According to the petitioners, the provisions of the Bihar Agricultural Produce Markets Act (hereinafter to be referred to as 'the Act') and the Rules framed thereunder, i.e., Bihar Agricultural Produce Markets Rules (hereinafter to be referred to as 'the Rules') are not applicable.

(3.) The stand of the respondent Board is that the provisions of the Act are applicable to retail dealers/traders whose daily or annual outturn exceeds the amount and has been prescribed under the Rules. S.2(p) defines 'retail sale' as follows :-