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1985 Supreme(Bom) 155

H.H.KANTHARIA, C.S.DHARMADHIKARI
Vyapari Association, Shirpur – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---This writ petition is filed by the petitioners, which is an Association of Merchants at Shirpur of Dhule District. The writ petition is filed on behalf of the members of the Association, who are licence-holders of the Shirpur Agricultural Produce Market Committee, Shirpur, respondent No. 3, and are carrying on business as commission agents. The main challenge in this petition is to the provisions of section 48-A of the Maharashtra Co-operative Societies Act, section 30-A of the Maharashtra Agricultural Produce Marketing (Regulation) Act and the sub-rule framed under bye-law No. 46 by the Market Committee.

2. Shri Setalvad and Shri Rege, the learned Counsel appearing for the petitioners, contended before us that the commission agents operating within the Market Area of the respondent No. 3 Market Committee cannot be compelled to deduct the amount due to the Co-operative Societies. The provisions of section 48-A of the Maharashtra Co-operative Societies Act and the sub-rule framed under Bye-law No. 46 are wholly violative of the petitioners fundamental right under Article 19(1)(g) of the Constitution of India since they impose an unreasonable rest







































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