KAN SINGH, J.—We have before us a group of nine writ petitions whereby the several petitioners, who are carrying on business in agricultural commodities in what were recently constituted as Market Areas, under the Rajasthan Agricultural Produce Markets Act, 1961, (No. 38 of 1961) hereinafter to be referred as the "Act" seek writs in the nature of prohibition against the State and other respondents restraining them from making any interference with their right to carry on their business unhampered as before. They also ask for a writ or an appropriate direction for quashing the various provisions of the Act, Rules and Bye-laws framed thereunder on the ground that they were null and void. As the writ petitions present some common features, they can conveniently be disposed of together.

2. Before we come to enumerate the several grounds of attack taken in the various writ petitions we think it convenient to refer to the salient features of the Act.

3. The Act which was passed by the State Assembly received the assent of the President on 3-11-61, and is designed to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Rajasthan. The Act is divided in five Chapters.

4. Chapter I is the preliminary Chapter and sec. 2 thereof contains the various definitions. The following definitions may be noted:

"Sec.2 (1) (i)—"agricultural produce" includes all produce whether of agriculture, horticulture, animal husbandry or otherwise as specified in the Schedule."

"Sec.2(1) (iv)—"bye-laws" means bye-laws made under sec. 37 or sec. 38."

"Sec.2 (1) (vii)—"market" means a regulated market established under and for the purposes of this Act for a market area and includes a market proper as well as a principal market yard or a sub-market yard."

Sec.2 (1) (viii)—"market area" means any area declared to be a market area under sec.4."

"sec.2 (1) (ix)—"market committee" means a market committee established under sec. 6."

"sec.2 (1) (x)—"market proper" means the area, including all lands with the building thereon, within such distance of a principal market yard or a sub-market yard as the State Government may declare to be a market proper."

Sec.2 (1) (xiii)—"principal market yard" means an enclosure, building or locality declared to be a principal market yard under sec. 5."

sec.2 (1) (xvii)—"sub-market yard" means an enclosure, building or locality declared to be a sub-market yard under sec. 5."

5. Chapter II provides for constitution of markets. For this two necessary steps are required to be taken. Sec. 3 provides for the issuing of a notification of the intention of the State Government of regulating purchase and sale of agricultural produce in an area as may be specified in the notification, and it also provides for inviting objections which when received are required to be considered by the Government. This section runs as under:

Sec. 3. Notification of intention of exercising control over purchase and sale of agricultural produce in specified area—(1) The State Government may, by notification in the official Gazette, declare its intention of regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification:

Provided that no area within the limits of a municipality shall be included in the area specified in such notification except after consultation with the Municipal Board or Municipal Council concerned, as the case may be.

(2) A notification under sub-sec. (1) shall state that any objection or suggestion which may be received by the State Government within a period of not less than one month, to be specified in the notification, shall be considered by the State Government."

6. Sec. 4 provides for declaration of a market area and this has to be done in accordance with the provisions of that section which runs as follows:—

"Sec.4. Declaration of market area—(1) After the expiry of the period specified in the notific

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