ALLAHABAD HIGH COURT
N.D. Ojha, J
Krishi Utpadan Mandi Samiti Bareilly v. VIth Additional District Judge Bareilly and Others
| Table of Content |
|---|
| 1. initial facts establishing the petitioner's claims and context. (Para 1 , 2 , 3) |
| 2. court's observations on legal obligation and implications. (Para 4 , 11 , 12) |
| 3. respondent's arguments against the validity of market fee. (Para 5) |
| 4. ratification of statutory obligations regarding market fee. (Para 10 , 14) |
| 5. final decision to quash lower court orders. (Para 15) |
1. Petitioner, Krishi Utpadan Mandi Samiti, Bareilly has preferred this writ petition under Art.226 of the Constitution of India for issuing a writ of certiorari for quashing the orders dated 4-7-87 and 14-8-87 passed by the respondents nos.1 and 2 respectively.
2. The facts, in detail, are that respondents 3 to 10 filed a civil suit No.293 of 87 in the Court of respondent No.1 for an injunction restraining the petitioner from suspending or cancelling the licence or refusing to renew their licence in pursuance of the order dated 24-4-87 and for the realisation of the market fee as demanded by the petitioner w.e.f. 1-4-80 to 30th June, 84 :
An application under O.39, Rr.1 and 2 of the Civil P.C. was also filed.
In the affidavit filed in support of this application, it was alleged that respondents held valid lic
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