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1977 Supreme(Pat) 27

HARI LAL AGRAWAL, P.S.SAHAY
Vir Bhan alias Vir Bhan Nangia – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Messrs S.B. Sanyal, Keshav Nandan Prasad, N.C. Ganguly & P.D. Agarwala.
For the State: Messrs Lal Narayan Sinha, R.B. Mahto, Harendra Prasad & Vijay Pratap Singh.

JUDGMENT

HARI LAL AGRAWAL, J.

1. The three petitioners in this writ application are challenging the notices issued to them on different dates by the Secretary of the Agricultural Produce Market Committee, Ranchi (Respondent No. 2), copies of which have been made Annexure 1, 1/a and l/b to this writ application, calling upon them to take out licences under the provisions of the Bihar Agricultural Produce Markets Act, 1960 (briefly the 'Act') as they were dealing in 'wool' one of the notified "agricultural produce" under the Act, on the ground that the commodity in which they dealt was not 'wool' but 'knitting wool' and entirely different commercial commodity.

2. Whereas the first two petitioners are the partners of the firm Messrs Wool Emporium and Wool House respectively, the third petitioner is the proprietor of Shandar Stores, all in the town of Ranchi. In order to appreciate the question raised for our consideration, I shall very briefly indicate the relevant provisions of the Act, and the Rules, namely, the Bihar Agricultural Produce Markets Rules, 1962, framed under the provisions of the Act, (briefly the 'Rules'. According to Rule 11, "no person shall do business as commission a







































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