Honble CHAUHAN, J.–The instant appeal has been filed under Section 18 of the Rajasthan High Court Ordinance 1949 against the judgment and order dated 5.11.1993 passed in S.B. Civil Writ Petition No. 2541/92. by the aforesaid judgment and order, the writ petition of respondent No.1 had partly been allowed holding that the appellant Samiti can charge the market fee from the respondent No.1but the appellant Samiti can not insist that the respondent No.1 has to take the agricultural produce through the principal market yard/market yard to its manufacturing unit.

(2). The respondent No1, carries-on the business of oil mill and admittedly his oil mill is situated within the market area notified under the provisions ofRajasthan Agricultural Produce Market Act, 1961 hereinafter called `the Act, was served a show cause notice on 24.5.90 contained in Annex.1 to the writ petition to explain why he has not shifted to principal market yard inspite of the fact that he had been allotted a shop therein and if his explanation was not found satisfactory, why action should not be initiated against him and in the meanwhile, hislicence granted under Sec. 14 of the said Act was suspended for a period of

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