In this writ application the three petitioners who are partnership and proprietorship firms, carrying on business within the Dalsinghsarai Police Station in the District of Samastipur have prayed for quashing three notices dated the 4th September 1975 issued by the Secretary of the Agricultural Produce Market Committee Dalsinghsarai, Samastipur (Respondent No.3) rejecting their representations holding that the stalk of tobacco plants also falls within "tobacco" a scheduled article and asking them to obtain licence and start making payment of the market fees under the Bihar Agriculture Produce Markets Act, 1960 (hereinafter referred to as the Act.)

2. The short facts, necessary for the disposal of this application need be stated. The petitioner's case is that they purchase stalks of tobacco, grind them and sell the same after grinding as dust, to different buyers outside the State of Bihar and for carrying on the said business a whole-sale licence under the provisions of the Central Excise and Salt Act, 1944 and the Rules framed thereunder has been granted to each of them by the licensing authorities concerned and the petitioners carryon the said business in acco