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1965 Supreme(Raj) 96

DAVE, KAN SINGH
Bhikam Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M/s. M. Mridul, Hastimal Parekh, M.B.L. Bhargava, C.L. Agarwal, C.M. Lodha, R.K. Rastogi, J.S. Rastogi and B.R. Arora, for Petitioners; G.C. Kasliwal, Advocate General, M.M. Vyas, Govt. Advocate, for Respondents

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 agricult



















































































































































































































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