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2012 Supreme(Raj) 1711

ARUN MISHRA, KAILASH CHANDRA JOSHI
Bhanavi Agro Private Limited – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Dr. Sachin Acharya and Narendra for Sajjan Singh Rajpurohit, Advocates.
For the Respondents:Ravi Bhansali, Yashwant Mehta, L.K. Purohit and Rajesh Choudhary, Advocates.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The writ petitions have been filed by the petitioners questioning the vires of Rule 58 of the Rajasthan Agricultural Produce Market Rules, 1963 (referred to herein after as 'the Rules of 1963'). Prayer has also been made to quash the common order dated 16.3.2010 passed by the Director, Agricultural Produce Marketing Board, Jodhpur (referred to herein after as 'the Agricultural Board').

3. The common question arises in these writ applications, as such they are decided by this common order. Facts are being narrated from CWP No. 7715 of 2010 Arihant Udhyog. v. State of Raj. & Ors.

4. It is averred that the petitioner is a small scale industry for which permanent registration certificate has been issued by the Government of Rajasthan. It purchases Legume from outside the State of Rajasthan and by processing it in its premises by different scientific ways, it prepares various Dalls. On the connected matters commodity so purchased from outside the State of Rajasthan, Mandi Fee is also paid. The Agricultural Produce Marketing Committee (referred to herein after as 'the market committee') is constituted under the Rajasthan Agricultural P










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