JUDGMENT

Punchhi, J.-In Civil Appeal Nos. 4064 and 4065 of 1995, the common appellant is the State of Rajasthan and in Civil Appeal Nos. 4066 and 4067 of 1995, its ally, the Krishi Upaj Mandi Samiti, Jaipur is the common appellant. The grievance voiced herein by them is common and hence disposal of these appeals by a common order.

2. These appeals are directed against order dated 3.7.1990 passed by a Division Bench of the Rajasthan High Court, Jaipur Bench, allowing two writ petitions preferred by the respective respondents herein. Facts giving rise thereto would require no elaboration, except reference to the barest minimal. The respondents claim themselves to be engaged in the business of purchasing and selling seeds. One of them, M/s. Hindustan Lever Limited, in particular, raises and sells Bajra seeds, as claimed. According to the respondents, seeds cannot be termed to be agricultural Produce for the purposes of the Rajasthan Agricultural Produce Markets Act, 1961 and its Schedule, as amended from time to time by the State Government in exercise of powers under Section 40, enabling it to add, amend or cancel any of the items of agricultural produce specified in the Schedule. It