JUDGMENT

K.N. SAIKIA, J.:—This appeal by special leave is from the Judgment and order dated 3-12-1971 of the Allahabad High Court in Special Appeal No. 289 of 1963 dismissing the appeal and consequently the writ petition.

2. The appellant is a (Pacca Arahatiya) commission agent engaged in the sale and purchase of grains, rice, oil-seeds and jaggery in the town of Chirgaon, District Jhansi.

3. On March 4, 1933, the Government of U. P. published a Notification purported to have been issued under S. 38(1) of the United Provinces Town Areas Act 1914 (Act II of 1914), hereinafter referred to as the Town Areas Act, which read as under:

"No. 690/Xl-158-T. It is hereby notified that the Governor acting with his Ministers, in exercise of the powers conferred by S. 38(1) of the United Provinces Town Areas Act 1914 (II of 1914) is pleased to extend the provisions of S. 298(2)F(d) of the United Provinces Municipalities Act 1916 to the Town Area of Chirgaon in the Jhansi District in the modified form set forth below:

Modified section of the United Provinces Municipalities Act, 1916 (11 of 1916) S. 298(2) F(d) "The Panchayat may make bye-laws for the establishment, regulation and inspection of marke