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1964 Supreme(Pat) 164

V.RAMASWAMI, N.L.UNTWALIA
Thakur Prasad Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ramaswami, J.

1. The Impugned legislation in this case is the Bihar Agricultural Produce Markets Act (Bihar Act XVI of 1960), hereinafter referred to as the impugned Act. The Act received the assent of the Governor on the 6th of August 1960. By a notification made under Sec. 4 of the Act the State Government declared the entire area of Buxar as the "Market area" (Annexure B to the writ application, dated the 19th September, 1963). By another notification dated the 8thApril, 1964, the State Government notified the principal market yard and the Sub-market yard for the Buxar market area under Sec. 5 of the Act. The State Government also established a market committee by a notification under Sec. 6 of the Act on the 19th September, 1903, The petitioners are traders and commission agents for the sale and purchase of agricultural produce in Buxar in the Shahabad district. Their ease is that respondent No. 2 had issued a notice on the 29th March, 1964, requiring them to obtain a licence for trading In agricultural produce. It is contended on their behalf that the provisions of the Act imposed unreasonable restrictions on the right of the petitioners to carry on business and there












































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