JUDGMENT :- On March 21, 1966, the respondent, Sholapur Agricultural Produce Market Committee, Sholapur, filed Regular Civil Suit No. 225 of 1966, in the Court of the Civil Judge, Senior Division, Sholapur, against the Municipal Corporation of the City of Sholapur, the appellant in the above Second Appeal, for a declaration that the Municipal Corporation of the City of Sholapur, which will be hereinafter referred to as the "Municipal Corporation", had no right to establish or authorise or allow to be established any cattle market in the suit area for the purchase and sale of cattle enumerated in the two Notifications, referred to in the Suit, and by reason of the assumption of regulation of marketing of cattle by the plaintiff-Market Committee; and for an injunction restraining the Municipal Corporation from doing anything which would interfere with the Market Committee's exclusive right to conduct and regulate the marketing of cattle and for that reason to restrain the Municipal Corporation from levying and collecting fees on the sale of cattle (Shingoti) and for that reason also to restrain the Municipal Corporation from auctioning the monopoly of collecting fees on the sale of cattle (Shingoti), as published by the Municipal Corporation in some of the local papers.

2. The case made out on behalf of the Market Committee in the plaint, was as follows :

The Market Committee was established under Section 5 of the Bombay Agricultural Produce Markets Act, 1939. In exercise of the powers conferred by Sub-section (4) of section 4 of the said Act, the Government declared North and South Sholapur Talukas, as market area for the purposes of the said Act, in respect of bullocks, he-buffaloes, she-buffaloes, cows, horses, sheep, goats and fodder in addition to rice, wheat, Jowar, Bajari, etc. under the Notification No. APM. 27 (Sholapur) dated April 25, 1964, published in the Maharashtra Government Gazettee of May 21, 1964. The said Notification was as under :

"The Bombay Agricultural Produce Markets Act, 1939. No. APM-27 (Sholapur) :- Whereas by Commissioner, Poona Division, Poona's notification No. APM-27 (Sholapur), dated 12th August, 1959 issued under the provisions of subsection (1) of Section 4 of the Bombay Agricultural Produce Markets Act, 1939 (BomXXII of 1939) the Commissioner, Poona Division, Poona was pleased to regulate the purchase and sale of Rice, Wheat, Jowar, Bajari, Paddy, Gram, Tur, Moog, Udid, Groundnut (shelled and unshelled) Safflower, Linseed, Gul, Chillies and Cotton (ginned and unginned) in the area of the North Sholapur and South Sholapur talukas of the Sholapur district (hereinafter referred to as the said area).

And whereas by notification No. APM-27 (Sholapur) dated 14th December, 1963 issued under the provisions of section 3 of the said Act, the Commissioner, Poona Division, Poona was pleased to declare his intention to regulate the purchase and sale of Bullocks. He-buffaloes, she-buffaloes, Cows, Horses, Sheep, Goats and Fodder in the said area in addition to Rice, Wheat, Jowar, Bajari, Paddy, Gram, Tur, Moog, Udid, Groundnut (shelled and unshelled), Safflower, Linseed, Gul, Chillies and Cotton (ginned and unginned).

And whereas in response to the said notification no objections or suggestions have been received within the prescribed period.

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 4 of the said Act, the Commissioner. Poona Division, Poona is pleased to declare that with effect from the date of publication of this notification in the Maharashtra Government Gazette the said area shall be the market area for the purpose of the said Act in respect of bullocks, He-buffaloes, She-buffaloes, Cows, Horses, Sheep, Goats, and Fodder, in addition to Rice, wheat, Jowar, Bajari, Paddy, Gram, Tur, Moog, Udid, Groundnut (shelled and unshelled), Safflower, Linseed, Gul, Chillies and Cotton (ginned and unginned). Poona, 25th April 1964.'' The areas within the Municipal limits of the S

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