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1980 Supreme(SC) 151

Y. V. CHANDRACHUD, A. D. KOSHAL, N. L. UNTWALIA, P. N. SHINGHAL, V. R. KRISHNA IYER
Ram Chandra Kailash Kumar And Company: Dina Nath: Narendra Kumar Agarwal: Kishan Lal Satya Prakash And Company: Gokul Chand Phool Ghand: Shiv Shanker Sarraf: Bhagwan Das Ravi Kant: Star Hide Company: Star Paper Mills LTD. : Raghubir Saran Prem Chand: Ra – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.SIKRI, ARVIND SHUKLA, ASHOK GROVER, B.D.MADHYAN, E.C.AGARWAL, F.S.NARIMAN, G.B.PAI, GHAYYAS ALAM, H.K.PURI, J.M.Khanna, K.B.ROHTAGI, K.C.DUA, K.C.SIKRI, L.K.PANDEY, L.M.SINGHVI, L.N.Sinha, LAKSHMI ARVIND, M.L.SHRIVASTAV, M.V.GOSWAMY, MADHU MULCHANDANI, O.P.RANA, O.P.Varma, P.C.BHARTARI, P.K.PALLI, P.R.MRIDUL, Pal Singh, PRAMOD SVARUP, PRAVIN JAIN, R.F.NARIMAN, R.K.JAIN, R.K.SINHA, R.N.Dikshit, R.SATISH, RANI CHHABRA, RAVINDER BANA, RAVINDRA RANA, S.K.DHINGRA, S.K.JAIN, S.P.GUPTA, S.RAMCHANDRA REDDY, S.S.RAY, SHADHANA RAMACHANDRAN, SHANTI BHUSHAN, SUBHASH CHANDRA BIRLA, SVARAN MAHAJAN, T.S.ARORA, V.K.Bahl, V.M.TARKUNDE, Veda Vyasa, VIJAY JAISWAL, Y.S.Chitale, YAMESHVAR PRASAD

JUDGMENT

UNTWALIA, J. :—The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 being U. P. Act XXV of 1964, hereinafter called the Act, was passed in that year. It led to the establishment of Market Areas, Principal Market Yards and Sub-Market Yards etc. and the levying of the fee in relation to transaction of certain commodities in the State of Uttar Pradesh. Various Market Committees were formed known as Mandi Samitis. In order to give effect to the working of the Act. The Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965, hereinafter called the Rules, were made by the Governor of Uttar Pradesh. The Act has been amended several times. But we were distressed to find that the Rules were not accordingly amended as and when required to make them up-to-date in accordance with the amended Act. Various traders carrying on business in the State of Uttar Pradesh within the jurisdiction of several Market Committees challenged the levy of fee in the High Court of Allahabad from time to time. There were several rounds of litigation in which they, by and large, failed. Finally many Writ Petitions were dismissed by the High Court by its judgment dated September 21, 1978 on which date many wr




























































































































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