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1976 Supreme(Pat) 100

SHAMBHU PRASAD SINGH, NAGENDRA PRASAD SINGH
Belsund Sugar Co. Ltd. , Riga And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. In these two writ applications the petitioners are two sugar factories. They challenge the authority of the respondent-Agricultural Produce Market Committees to issue directions to the petitioner-Companies to obtain licences in accordance with the provisions of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act) and the Bihar Agricultural Produce Markets Rules, 1975 (hereinafter referred to as the Rules), on the ground that the provisions of the Act and the Rules are not applicable to sugar factories, and, if they are applicable, they are ultra vires.

2. According to the Belsund Sugar Company Ltd., (petitioner in C. W. J. C. No. 3296 of 1975), it has its factory at Riga in the district of Sitamarhi, within the State of Bihar, and its registered office at Calcutta in the State of West Bengal, at Riga, the factory is engaged in the manufacture of sugar; but, as neither any purchase of sugarcane nor sale of sugar takes place within the market area established by the respondent Market Committee, the provisions of the Act and the Rules are not attracted. According to the petitioner, the purchase of sugarcane for manu



















































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