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1961 Supreme(SC) 231

K.N.WANCHOO, N.RAJAGOPALA AYYANGAR, K.C.DAS GUPTA, A.K.SARKAR, P.B.GAJENDRAGADKAR
Mohammad Hussain Gulam Mohammad, Ishwarbhai Becharbhai – Appellant
Versus
State Of Bombay – Respondent


Advocates:
I.M.SHROFF, J.B.DADACHAN, N.S.BINDRA, P.L.VOHRA, R.Ganapathy Iyer, R.H.Dhebar, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY, S.T.DESAI, TRIKAMLAL J.PATEL

K.N.WANCHOO, J.

(1) THIS petition raises a question as to the constitutionality of the Bombay Agricultural Produce Markets Act, No. XXII of 1939 (hereinafter referred to as the Act) and the Rules framed thereunder. The petitioners are businessmen of Ahmedabad. Their case is that by a notification under the Act the whole area within a radius of 12 miles of Ahmedabad city was declared to be a market area under s. 4 of the Act for the purposes of the Act in respect of certain agricultural produce from 1/06/1948. At the same time a market yard and a market proper were established for dealing in the commodities mentioned above; and simultaneously a market committee was established under s. 5 of the Act for the Ahmedabad market area by the name of `The Agricultural Produce Market Committee, Ahmedabad.` By later notifications certain other agricultural produce was declared to be regulated under the provisions of the Act in this market area. ID 1959 a locality known as the `Kalupur market` in the Telia Mill compound near the railway station Ahmedabad was declared to be a sub-market yard for the purposes of the Act. The petitioners apparently were carrying on business in the Kalupur













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