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1981 Supreme(Bom) 217

D.P.MADAN
Bhausaheb Tavnappa Mahajan and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - Madon D.P. J.-The appellants are members of an unregistered associa­tion known as the Kolhapur Grain Merchants Association and had filed the suit out of which this Second Appeal arises in a representative capacity under rule8 of Order 1 of the Code of Civil Procedure, 1908. The said suit was tried by the Joint Civil Judge, Senior Division, Kolhapur. In the suit the appellants challenged certain notifications issued under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (Maharashtra Act No. XX of 1964). The appellants' challenge succeeded, and the trial Court declared the said notifications to be null and void, and restrained the respon­dents from enforcing the said notifications. The trial Court also directed the parties to bear their own costs of the suit. Though the appellants' challenge on certain grounds succeeded, their challenge on the ground that these notifi cations infringed the provisions of Articles 14 and 19(l)(g) of the Constitution of India was negatived. Against the said judgment and decree of the trial Court, not only Respondents Nos. 1 and 2, namely, the State and the Director of Agriculture,


















































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