JUDGEMENT :

Sharad Kumar Sharma, J.

Before this Court proceeds to sculpturize this judgment, this Court is of the view, that few backdrop of the legislative impact of the Act, the Rules and the Regulations framed thereunder are necessarily required to be considered, before considering the respective cases of the parties, to the proceedings of the present Writ Petition.

2. In the undivided State of U.P., the State had then formulated an Act called as U.P. Krishi Utpadan Mandi Adhiniyam, 1964, as it was notified to be enforced by the State; vide its notification, which was issued as back as on 4th August, 1964.

3. The said Act under Section 26-A, prescribes the modalities of exercise of control over the functioning of the respective Krishi Utpadan Mandi Samiti, and for the aforesaid purpose, the external controls are regulated as per the provisions contained under Chapter V of the Act, and basically, under Section 26-A of the Act, it contemplates providing of a constitution of a Board, by constituting the same by a gazette notification of the State, giving it as to be a status of bod