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2000 Supreme(Raj) 486

A.R.LAKSHMANAN, ARUN MADAN
Fal Sabji Kreta Vikreta Vyapar Sangh, Lal Kothi, Sabji Mandi, Tonk Road, Jaipur – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Prem Krishan Sharma, for Appellant

Honble Dr. LAKSHMANAN, CJ.–This appeal is directed against the judgment of learned Single Judge (G.L. Gupta, J.) dated 4.4.2000 dismissing the writ petition on the ground that amendment in the rules does not frustrate the object of the Rajasthan Agricultural Produce Market Act, 1961 (hereinafter, to be referred as `the Act of 1961).

(2). The writ petition was filed by the appellant which is a registered body, praying as under:-

(i) By issuance of an appropriate writ order or direction declare the notification dated 31.07.1998 as ultravires and completely against the purpose,

(ii) by issuance of an appropriate writ, order or direction, direct the respondent that no such increase should be made by the State Government; and

(iii) by issuance of an appropriate writ, order or direction it may also be ordered that the State Government should recover the excess amount charged by the brokers after 31.7.98.

(3). By notification dated, 31.7.88, the State Government has increased the rate of commission to A-class brokers from 4% to 6%. The increase in the rate of commission from 4% to 6% is under challenge in the writ petition on the following grounds:

(a) That there is no justification behind this






















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