Bhanwarlal v. State - 1981 Supreme(Online)(MP) 6

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(Online)(MP) 6

MADHYA PRADESH HIGH COURT
Full Bench, J
Bhanwarlal v. State

Table of Content
1. constitutional reference under art.226 regarding market committee powers. (Para 1 , 2)
2. assessment procedures and powers of market committees. (Para 3 , 5)
3. requirements for establishing market fees validity. (Para 4 , 7)
4. legitimacy of levy amidst non-performance of duties. (Para 6 , 8)
5. final ruling of petition dismissal. (Para 10)

1. This Full Bench has been constituted to hear this petition under Art.226 of the Constitution on a reference being made by a Division Bench of this Court which initially heard this petition. The Division Bench was of the opinion that there was a conflict between two Division Bench judgments of this Court, one reported in Roopchand v. K.U.M. Samiti, Raipur (1975 MP LJ 326) : (1975 Tax LR 1932) and the other delivered in Girwarlal v. Krishi Upaj Mandi Committee , (MP No. 37 of 1967 decided on 10th April, 1970). The matter was, therefore, placed before the Chief Justice for constitution of a Full Bench to hear this petition. That is how this petition came up for hearing before us.

2. The material facts giving rise to this petition briefly are as follows : The petitioner carried on, at the material time, the business of buying and s