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1972 Supreme(AP) 107

GOPALRAO EKBOLE, V.MADHAVA RAO
M. Kalva Suryanarayana represented by its partner Kalva Suryanarayana, Hyderabad – Appellant
Versus
State Of A. P. – Respondent


( 1 ) (DELIVERED by the Chief Justice) the short but important question which has necessa ily to be answered in this enquiry is whether market charges can be imposed by the market Committee.

( 2 ) THE essential facts are that the petitioners are merchants carrying on trade in foodgrains seeds and other agricultural products, They do this business on commisson basis. Apart from charging commission on their transactions, the petitioners charge also godown charges as well as insurance charges actually incurred bye-law 12 of 1954 Bye-laws permit commission to be charged at the rate of Rs. 2-25 paise per 100. In view of the various changes occurring in the economic conditions, the petitioners and other merchants requested the Market committee to increase the rate of commrssion The market Committee met at a meeting on 28-11-1969, They resolved to increase the rate of commission from 21\4 % to 3%. They also approved the amendment to Bye-law 12 (3 ).

( 3 ) THE resolution together with the proposed amendment to the bye-law was then sent to the Director of Marketing for approval. He approved the same on 15-1-70 the Government in exercise of its powers under section 27 of the aadhra Pradesh (









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