JUDGMENT

G.N. Ray, J.-This appeal is directed against judgment dated November 30, 1994 passed by the Division Bench of Himachal Pradesh High Court in Civil Writ Petition No. 39 of 1989. The said Writ Petition was heard along with other writ petitions including Civil Writ Petition No. 568 of 1988 (M/s. Sardar Singh & Sons v. State of Himachal Pradesh) involving common question of law and all the said writ petitions were disposed of by the judgment rendered in C.W.P. No. 568 of 1988.

2. The main contention raised before the Himachal Pradesh High Court in the said petitions was that the Writ Petitioners were not required to take licences under Section 4(3) of the Himachal Pradesh Agricultural Produce Market Act, 1949 (hereinafter referred to as Markets Act) and are also not required to pay market levy. The petitioners contended that the market committee had established principal/sub market yards within the territorial jurisdiction of the market committee. But the petitioners did not carry on their business within the principal market or market yards/sub market yards. On the contrary, they had been dealing with agricultural produce outside the principal market/yard or sub yards. They