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2003 Supreme(Pat) 626

P.N.YADAV, SACHCHIDANAND JHA
Jagarnath Durga Dutt – Appellant
Versus
Bihar Agricultural Produce Market Committee – Respondent


Judgment

Sachhidanand Jha, J.

1. This batch of seven writ petitions involving same dispute has been heard together. The dispute relates to competence of the Bihar Agricultural Marketing Board (hereinafter referred to as the Board) to fix guidelines for levy of the charges in respect of occupation of the shops and godowns at the market yard of different Market Committees and the validity of the demand notice including the certificate proceeding arising therefrom for realisation of the dues by the concerned Market Committees. The dispute arises in the context of the Bihar Agricultural Produce Market Act, 1960.

2. The Bihar Agricultural Produce Market Act (hereinafter referred to as the Act or the Market Act) was enacted to regulate buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Bihar and for matters connected therewith. sec. 15 of the Act inter alia prohibits sale or purchase of any agricultural produce within the meaning of Sec. 2(1) (a) of the Act by any person at any place in the market area other than the relevant principal market yard or sub-market yard or yards established therein, except retail sale/ purchase
































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