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1964 Supreme(MP) 63

P.V.DIXIT, K.L.PANDEY
KRISHI UPAJ VYAVASAI MANDAL – Appellant
Versus
THE STATE OF M. P. – Respondent


( 1 ) THIS petition under Article 226 of the Constitution mainly calls in question the validity of the Madhya, Pradesh Agricultural Produce Markets (Validation)ordinance, 1962 (2 of 1962) and the Madhya Pradesh Agricultural Produce Markets (Validation) Act, 1962 (12 of 1962 ).

( 2 ) THE facts giving rise to this petition, which are some what involved, may be stated as briefly as possible Before the, formation of the United State of Madhya bharat in the year 1948, the city of Ujjain formed part of the erstwhile princely state of Gwalior where the Qawaid Mand Hai Gwalior (Samvat 1986) (hereinafter called the Qawaid) was in force. By virtus of Section 4 of Act 1 of 1948, the laws in force in all the covenanting states were continued in force until duly amended or repealed. In the year 1952, the Madhya Bharat Agricultural Produce Markets Act, 1952 (hereinafter called the Madhya Bharat Act) was placed on the statute book. By Section 31 of that Act, the corresponding laws in force in various parts of the new State, including the Qawaid, were, subject to the following proviso, repealed :

"provided that the Mandi or Market Committees duly constituted under the said Qawaid or rules and holdi























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