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1979 Supreme(Pat) 12

S.K.JHA, SHIVANUGRAH NARAIN
Ashok Industries – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.JHA, J.

1. In this application under Arts.226 and 227 of the Constitution of India the petitioners have prayed for appropriate writ/order/direction quashing the communication dated 25-9-76 from the Director Marketing, Bihar State Agricultural Marketing Board, Patna, (respondent No. 2). A copy of the impugned communication has been marked Annexure-2 to the writ application.

2. The facts are uncontroverted. On the materials on the record the established facts are that petitioners 1, 2 and 3 are the partnership firms owning Dal mills and petitioner Nos. 4 to 6 are the respective partners of the aforesaid firms. The petitioners are carrying on milling business in pulses within the local limits of the Barh Agricultural Produce Market Area. The Agricultural Produce Market Committee, Barh, through its Secretary, has been impleaded as respondent No. 3. The petitioners are all licensees under the provisions of the Bihar Foodgrains Dealers Licensing Order, 1967, as well as under those of the Bihar Agricultural Produce Markets Act 1960, (hereinafter to be referred to as the Act) and the Rules framed thereunder.

3. The petitioners purchase whole pulses (Dalhan), inter alia, from th











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