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1977 Supreme(Pat) 60

SHAMBHU PRASAD SINGH, S.K.CHOUDHURI
Lucky Biscuit Co. – Appellant
Versus
State Of Bihar – Respondent


Judgment

SHAMBHU PRASAD SINGH, J.

1. The petitioner is a registered partnership firm and manufactures biscuits at Patna City in the district of Patna. A notice (Annexure-1 to the writ petition) dated 10th of September, 1976 was issued to the petitioner by the Secretary, Agricultural Produce Market Committee, Patna City (respondent No. 3) calling upon the petitioner to obtain a licence from the Committee. It was stated that the petitioner was required to obtain the licence as it was purchasing and selling notified agricultural produce in Patna City market area. The licence to be obtained was for the year 1975. It was further stated that if the petitioner did not obtain licence within a week of the receipt of the notice, then it would be deemed that it was deliberately contravening the rules and legal action under S. 48 of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act, would be taken against it. The petitioner sent a reply to the said notice which is Annexure-2 to the writ application. The petitioner claimed that it was manufacturing biscuits and thereafter selling them. It purchased only such materials which were necessary for manufacture of bis


































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