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1992 Supreme(Pat) 176

S.B.SINHA
Swagat Stores – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.SINHA, J.

1. The petitioners, who are said to be retail traders and carry on business in the town of Gaya, in this writ application, have questioned the legality and/or validity of the directions which are contained in memo No. 226/C, dated 19/01/1992, as contained in Annexure 1 series to the writ application, whereby they have been directed by respondent No. 2 to shift their place of business to the market yard at Chandauti, as also the letter dated 7-2-1992, issued by respondent No. 3, as contained in Annexure 2 series to the writ application, whereby the petitioners have been asked to get the shops allotted in the name of the aforesaid market yard, as also sought for declaration that the provisions of Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as the said Act have no application in relation to the retail dealers and Schedule II of the Bihar Agricultural Produce Markets Rules, 1975 (hereinafter referred to as the said Rules) and/or R. 94 thereof are ultra vires S. 15(1) of the said Act as also Arts. 14, 19(1)(g) and 265 of the Constitution of India.

2. According to the petitioners, they hold retail licences under the Bihar Trade Articles (Lic








































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