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2010 Supreme(Cal) 528

I.P.MUKERJI
Prestige Ice Creams Private Limited – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Samit Talukdar, Soumya Dutta, Ashok Sarkar, Subrata Banerji, Sutapa Sanyal

JUDGMENT

I.P. Mukerji, J.

1. THE writ petitioner company (hereafter described as "the writ petitioner") manufactures and sells the well known brand of ice cream 'Rollick'. It has its factory in Village and Post Office - Jaladhulagiri, Dhulagarh, within the jurisdiction of the Howrah Zilla Regulated Market Committee. THE Act which requires consideration in this writ application is the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972. Section 2(h) defines "market area" as follows: "2(h). "market area" means any area declared to be a market area under section 3;" Section 13 inter alia enacts that no person shall sell or purchase any agricultural produce or be engaged in processing of any agricultural produce in that market area without a licence issued by the market committee.

2. NOW according to the respondent Howarh Zilla Regulated Market Committee the writ petitioner carries on the business of purchasing goods or processing within the designated market area. It "deals" with "Skimmed Milk, Sugar, Vegetable Oil, Kaju, Pesta, Almond, Kismis purchasing or processing them", according to the committee. This will appear from the statement made by them in Complaint Case No.















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