KARNATAKA HIGH COURT
*D. M. Chandrashekar, E. S. Venkataramiah, JJ.
Secretary Agricultural Produce Market Committee Mangalore and Another v. M/s. K. Appayya Shanbhogue and Co and Others
W. A. No. 153, 154, 155, 156 of 1975
1. These four appeals are from the common order of Jagannatha Shetty, J., in Writ Petitions Nos. 748, 1078, 1168 and 1998 of 1974. The respondents therein, namely, the Secretary, Agricultural Produce Marketing Committee, Mangalore, and the Chief Marketing Officer, Karnataka State, are the appellants and the writ petitioners (hereinfter referred to as the petitioners) are the respondents in these appeals.
2. The petitioners are dealers in agricultural produce. In the writ petitions they had prayed for issue of writs in the nature of Mandamus directing the Agricultural Produce Marketing Committee, Mangalore (hereinafter referred to as the Market Committee) to refrain from demanding licence fee and market fee from them in respect of the agricultural produce specified in the Notification of the Government dated 8-6-1973. The learned single Judge allowed writ petitions and issued writs directing the Market Committee to forbear from demanding licence fee and market fee from petitioners in respect of the agricultural produce specified in the aforesaid Notification (dated 8-6-1973) until a fresh notification was issued under S.6 (2) (b) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, (hereinafter referred to as the Act).
3. In the district of South Kanara which was in Madras State before re - organisation of States, regulation of marketing of agricultural produce was governed by the Madras Commercial Crops Marketing Act, 1943 (hereinafter referred to as the Madras Act). Even after reorganisation of States, that Act continued to be in force in that District by virtue of S.119 of the States Reorganisation Act, 1956. A uniform legislation regulating marketing of agricultural produce in the new State of Mysore (Karnataka) was brought about by the Act which came into force on 1-5-1968. S.154 of the Act repealed the Madras Act and other corresponding enactments in force in different areas of the State, regulating marketing of agricultural produce. But, the proviso to that section has saved the rules and notifications issued under the repealed enactments until superseded by rules and notifications made or issued under the Act.
4. S.4 of the Madras Act provided that the Government might, by notification, declare areas specified therein to be the 'notified area' for the purposes of that Act in respect of commercial crops specified in such notification.
5. By its notification dated 1-11-1949, the Government of Madras declared that the entire district of South Kanara shall be the notified area for the purposes of that Act in respect of cocoanut and its by - products and arecanuts. Under S.154 of the Act, the aforesaid notification issued by the Government of Madras, is deemed to have been issued under the corresponding provisions, namely S.4 of the Act.
6. Sub-section (19) of S.2 of the Act defines 'market area' as any area declared to be a market area under S.4.
7. Sub-section (18) of S. 2 of the Act defines 'market' as any notified area declared or deemed to be declared to be a market under sub-section (2) of S. 6.
8. Sub-section (23) of S. 2 of the Act defines 'market yard' as a specified place declared or deemed to be declared to be a market yard under sub-section (2) of S. 6.
9. S.3 of the Act provides that the State Government may issue a notification declaring its intention of regulating marketing of specified agricultural produce in a specified area and that the Government shall consider any objections or suggestions in respect of that proposal, which may be received within the period specified in such notification.
10. S.4 of the Act provides that after the expiry of the period specified in the notification issued under S.3 and after considering such objections and suggestions as may be received in time, the State Government may, by another notification, declare the area specified in the notification issued under S.3 or any portion thereof to be a market area and that the marketing of all or any of the agricultur
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.