S.S.CHADHA
DELHI ADMINISTRATION – Appellant
Versus
MUNSHI RAM RAM NIWAS – Respondent
( 1 ) THIS petition under Article 227 of the Constitution of India raises an interesting question as to the scope, effect and purpose of the Essential Commodities Act, 1955 and the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
( 2 ) M/s. Munshi Ram Ram Niwas through its sole proprietor Shri Ram Niwas, respondent No. 1 was carrying on his business in the market area known as Narela Mandi in the Union Territory of Delhi. He had obtained licences under categories a and e issued under Rule 12 of the Delhi Agricultural Produce Marketing (Regulation General) Rules, 1978 (hereinafter referred to as the Rules ) framed under the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (hereinafter referred to as the Act ). Those licences were issued by the Market Committee, Narela Mandi who is the competent authority for the purpose. Previously the grant of licences was governed by the Bombay Agricultural Produce Marketing Act, 1939 as extended to the Union Territory of Delhi. On the commencement of the Act, the said Bombay Act was repealed. Section 2 (b) of the Act defines "agricultural produce" means such produce (whether processed or not) of agricult
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