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2004 Supreme(Guj) 414
Gujarat High Court
Judgename :D.A.MEHTA, M.S.Shah
JITENDRABHAI CHUNIBHAI PATEL - Appellant
Versus
STATE OF GUJARAT - Respondent
S.C.A.580 of 2003
Decided On : 07/09/2004
Headnote:(a) Gujarat Agricultural Produce Markets Act, 1963 (Guj. Act 20 of 1964) - Secs. 6(5), 52 to 54 - Provisions under - Effect of - Conjoint reading of the provisions clearly shows that State Govt. has the power to amalgamate two existing market areas - Therefore, challenge to the impugned notification dated 13.1.2003 on the ground of want of authority or jurisdiction has to be turned down - Constitution of India, 1950 - Art. 226.
Court is, therefore, of the view that there is no provision in the Gujarat APMC Act which negates the power of the State Government to amalgamate two existing market areas which power can be easily inferred on conjoint reading of Secs. 52, 53, 54 and 6(5) of the Act. In view of this finding, the challenge to the notification dated 13.1.2003 at Annexure A to the petition on the ground of want of authority or jurisdiction has to be turned down.
[Para 15]
(b) Gujarat Agricultural Produce Markets Act, 1963 (Guj. Act 20 of 1964) - Sec. 4(1) - Power of State Govt. - Scope of - Provision under empowers the State Govt. to appoint an officer to be Director of Agricultural Marketing and Rural Finance to perform duties conferred under the Act - It further provides that he is to act subject to general or Special orders as the State Govt. may pass - Consequently in the facts of the case State Govt.s impugned notification cancelling election declared by Director cannot be invalidated.
Sub-section (1) of Sec. 4 empowering the State Government to appoint an officer to be the Director of Agricultural Marketing and Rural Finance for exercise of the powers and performance of functions and duties conferred by or imposed under the Act further provides that the Director is to carry out purposes of the Act, subject to special, general or special orders as the State Government may pass. In view of this specific statutory provision, in the facts and circumstances of the case, Court is of the view that the State Government notification declaring the intention to denotify Dascroi Taluka Market Area and also declaring the intention to include or amalgamate the said area into the Ahmedabad City Taluka Area could also rightly provide for cancellation of the election programme for the Ahmedabad City Taluka Market Area without the Dascroi Taluka Area proposed to be included therein.
[Para 19]
( 1 ) BOTH these petitions under Article 226 of the constitution challenge the notification dated 13. 1. 2003 (Annexure "a") of the State Government in the Agriculture and Co-operation Department declaring the intention of the state Government to denotify the separate market area of apmc, Dascroi and to amalgamate the area of the Dascroi taluka in Ahmedabad District into the market area comprising of the Ahmedabad City taluka including the municipal Corporation Limits and to regulate the sale and purchase of various specified foodgrains, vegetables, pulses and fruits in the market area comprising the ahmedabad City taluka (including Ahmedabad Municipal corporation limits) and Dascroi taluka. By the said notification, the State Government also cancelled the election programme earlier declared by the Director of agricultural Marketing and Rural Finance.
( 2 ) THE facts leading to filing of these petitions, briefly stated, are as under :-2. 1 prior to 2000, the market area of the erstwhile apmc, Ahmedabad comprised of the Ahmedabad City taluka (including Ahmedabad city within the Ahmedabad Municipal corporation limits) and the Dascroi taluka of Ahmedabad district. By Government notification dated 20. 11. 2002 issued under Section 52 of the Gujarat Agricultural produce Markets Act, 1963 (hereinafter referred to as "the APMC Act" or "the Act"), the State Government divided the said market area of the erstwhile APMC, ahmedabad into two market areas - (i) the market area comprising of the area of Ahmedabad city taluka (including Ahmedabad city within the Ahmedabad Municipal Corporation limits); and (ii) the market area comprising of the area of Dascroi taluka of Ahmedabad district. 2. 2 by the Government notification dated 22. 2. 2001 issued under Section 54 of the Act, the State Government constituted a new market committee for APMC, Ahmedabad nominating members therein as per the provisions of sub-section (2) of Section 54 of the Act. On 2. 3. 2001, the nominated committee of APMC, Ahmedabad elected the chairman and Vice-chairman for APMC, Ahmedabad. 2. 3 however, such nominated committee was not appointed for APMC, Dascroi. It appears that on 9. 3. 2001, a Civil Suit was filed in the Ahmedabad City civil Court challenging the bifurcation of the erstwhile apmc, Ahmedabad and on 19. 3. 2001, the City Civil Court passed an order of maintenance of status quo on the interim application. That suit came to abate on 28. 6. 2002 on account of death of the plaintiff. In the meantime, another Civil Suit was filed in the Ahmedabad city Civil Court on 11. 6. 2002. 2. 4 on 19. 12. 2002, the Director announced the election programme for electing the committee for APMC, ahmedabad since the tenure of the first nominated committee was expiring on 21. 2. 2003. On 13. 1. 2003, the state Government issued the impugned notification declaring its intention to denotify the separate market area of APMC, Dascroi taluka and for amalgamation of the above referred two areas [ (i) the market area comprising the Ahmedabad City taluka including the Municipal corporation Limits and (ii) the area of the Dascroi taluka] into one market area and inviting objections and/or suggestions from all concerned and in view of this development cancelling the aforesaid election programme dated 13. 1. 2003.
( 3 ) SPECIAL Civil Application No. 580 of 2003 is filed by the following persons :- (I) Petitioner Nos. 1, 2 and 4 are agriculturists and members in the erstwhile nominated committee of the erstwhile APMC, Ahmedabad city taluka. (ii) Petitioner No. 3 is a trader in the Ahmedabad city APMC market area. The petition is filed on behalf of the farmers growing agricultural produce in the market area of ahmedabad city. Special Civil Application No. 1703 of 2003 is filed by two agriculturists in Dascroi taluka and a co-operative Society dispensing agricultural credit to the agriculturists in Dascroi taluka. Petitioner No. 4 is the Sarpanch of one of the villages in
