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1974 Supreme(SC) 181

A.ALAGIRISWAMI, A.N.RAY, K.K.MATHEW, P.K.GOSWAMI, R.S.SARKARIA
VISHNU DAYAL MAHENDRA PAL – Appellant
Versus
State Of U. P. – Respondent


Judgment

GOSWAMI

( 1 ) BY the above writ applications under Article 32 of the Constitution the validity of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U. P. Act No. XXV of 1964 as amended by U. P. Act No. 10 of 1970) (briefly called the Act) and the rules made thereunder are challenged on the ground of violation of Article 14 and Article 19 (1) (g) of the Constitution.

( 2 ) THE petitioners in all the above cases are traders or commission agents dealing in agricultural produce.

2a. The following submissions are made on behalf of the petitioners:-

(1) The constitution of the Market Committee under Section 13 of the Act is highly prejudicial to their interests and of the traders in general since it will have a perpetual majority of producers.

(2) The enstrustment of licensing to such a Market Committee instead of to any impartial authority is unfair and an unreasonable restriction on the right to trade.

(3) The Act in the matter of grant of licences gives no guidance at all and even under rule 70 (4) two vague criteria have been laid down in the matter of issue of licences under the Act.

(4) The petitioners are required to provide a storage space to the producers for their a


































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