Judgment

SYED JAFER IMAM, J.

( 1 ) THIS is an application under Article 32 of the Constitution against the Municipal Committee of Bhatapara (hereinafter referred to as "the Municipality") alleging that the petitioners fundamental rights guaranteed by Article 19 (1) (g) and Article 14 of the Constitution have been violated by the action of the Municipality.

( 2 ) IN Bhatapara there is a market vested in the Municipality known as "ganj" the use of which is regulated by its bye-laws framed under Section 179 of the Central Provinces and Berar Municipalities Act (Act 2 of 1922) (hereinafter referred to as the Act ). At this market transactions of sale and purchase of grain take place. According to the petitioner, he is an Adatya by occupation and carries on his trade as such for sellers of grain in the said market. He has been prevented from carrying on his trade as an Adatya of sellers of grain in the said market by the Municipality in pursuance of a resolution passed by it on 4-9-1949. The employees of the Municipality have been directed under the resolution to stop issuing Ganj receipts to the petitioner. Consequently, the petitioner is unable to enter the market and do his business a