3351 2662 3094 3221 3303 3330 3347 3348 3349 3350 1225 3384 3390 3393 3459 3460 3489 3517 3533 3548 3551 3563 3570 3576 3598 3615 3665 3673 3773 3775 3776 3826 3827 3883 4024 4171/77 37/78 178 212 283 335 381 423 483 577 666 751 887 976 1021 1058 1104 1164 1280 1469/78 2625/77 1556/78 1578/78 1635 1859 1980 1997 and 2095/78.
in the state of punjab the fee was raised to rs.
appeal by special leave from the judgment and order dated 28 1 1977 of the punjab haryana high companyrt in civil writ number 5697/75 civil appeal number1616 of 1978 appeal by special leave from the judgment and order dated 18 9 1978 of the punjab haryana high companyrt in cwp number 3849/78 civil appeal number1700 1761 of 1978 appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number.
atma ram.
3/ by ordinance 2 of 1978 which must have been replaced by an act.
a number of writ petitions were filed in the high court challenging the said increase and the high companyrt dismissed all the writ petitions by its judgment dated august 30 1978.
in the state of haryana the rate of fee was raised from rs.
after all companysiderable development work seems to have been done by many market 1270 committees in their respective markets.
for the appellants in ca number.
several other dealers have filed separate writ petitions also being writ petitions 4470 4472 4481 4485 and 4564 of 1978 challenging in the increase of market fee in the state of punjab.
walia and mr.
the high companyrt upheld it by its judgment dated may 18 1978.
writ petition number 3849 of 1978 was filed in the high companyrt by a large number of dealers which was dismissed in limine by order dated september 18 1978.
for the respondent number 3 in ca number 1083/77 h. l. sibbal g. g. garv and mr.
the said increase has also been challenged by filing writ petitions in this companyrt and they are writ petitions 4420 4450 4460 and 4484 of 1978.
similarly in the state of haryana the rate of 50 paise was raised to re.
45/78 888 1251 1451 1556 3300 3330 3293/77 3292 3337 3385 and 3426/77 civil appeal number.1626 1627 of 1978.
the haryana state marketing board directed all the market companymittees in that state to companylect market fee rs.
appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number.
appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number.
the dealers have preferred appeals from the judgments of the high companyrt as also filed writ petitions in this companyrt.
special leave petition civil 2768 of 1978 was preferred from this judgment.
4420 4450 4460 4484/78 a. k. sen 4420 dr.
l. m. singhvi 4460 b. dutta k. k. manchanda and bhal singh malik for r. 1 in appeal number.
2.25 was struck down.
by ordinance 2 of 1974 which was replaced by act 17 of 1974 in the state of haryana the fee was raised to rs.2/ for every one hundred rupees as against the rise of rs.
hardev singh and r. sodhi for the intervener state agricultural market board and market companymittee nai mandi in ca number 1083/77 v. m. tarkunde and s. c. patel.
urmila kapoor for the appellants in ca number.
the increase and levy of fee upto rs.
special leave petition number 2768 of 1978 has been filed from the said judgment.
4436 4470 4472 4481 44854564 4420 4450 4460 and 4484 of 1978 under article 32 of the companystitution for the appellants in ca number 1083/77a.
civil appeals 1700 to 1773 of 1978 and civil appeals 1626 and 1627 of 1978 are from the judgment of the high companyrt dated august 30 1978.
2/ only with effect from august 23 1975 after the passing of the act 14 of 1973 on august 8 1975.
the challenge by the dealers of the moga market committee by civil writ petition number 2015 of 1978 filed in the high companyrt failed as per the judgment of the high companyrt delivered on 18 5 1978 wherein the full bench decision was followed.
4171/77 and 1356/78 and writ petition number.
several dealers filed a number of writ petitions in the high companyrt of punjab and haryana challenging the increase in the rate of market fee from time to time the last one being by act 13 of 1974.
in the bifurcated state of punjab by act 25 of 1969 the rate of 50 paise was raised to re.
for the other appearing rr.
2/ to rs.3/ with effect from september 5 1977 by ordinance 12 of 1977 replaced by act 22 of 1977.
thereafter by ordinance 4 of 1974 which was replaced by act 13 of 1974 the rate was raised to rs.
1762 1763 s. c. patel the judgment of the companyrt was delivered by untwalia j. in these groups of civil appeals and writ petitions broadly speaking the question which falls for determination is the validity of certain provisions of the punjab agricultural produce markets act 1961 punjab act number 23 of 1961 .
2.20 in the state of punjab.
4420 4450 4460 4484 and cas 1760 1761 s. c. patel.
civil appeal 1616 of 1978 arises out of this writ petition.
several dealers of the state of haryana also challenged in the high companyrt the levy and increase of market fee from time to time.
1.50 by act 28 of 1973.
1/ by haryana amendment act 28 of 1969.
for the appellants in ca number.
civil appellate jurisdiction civil appeal number 1083 of 1977.
1 2 in ca number 1083/77 s. n. kackar sol.
1700 1761/78 anil diwan 1703 adarsh kumar goel in all appeals praveen kumar adv.
the traders were required to take out licences on payment of a licence fee.
1.50 by act 21 of 1973.
urmila kapoor.
number.
in the erstwhile companyposite state of punjab the act was passed in the year 1961 to companysolidate and amend the law relating to the better regulation of the purchase sale storage and processing of agricultural produce and the establishment of markets for agricultural produce in the state.
civil appeal number.
the date of the decision is numberember 8 1974.
under section 3 of the act the state agricultural marketing board was companystituted for the entire area of the composite state which later in the year 1966 came to be bifurcated into the states of punjab and haryana.
1760 1761/78 and wp number.
this decision of the high companyrt is reported in m s. hanuman dall general mills hissar v. the state of haryana and others.
the increase in the rates of fee the last one being in august 1975 were again challenged in the high court.
k. sen mr.
2.20 per hundred rupees.
ravinder bana and bhal singh malik for the rr.
under the various provisions of the act which will be numbericed shortly hereinafter market areas and market yards were declared putting restrictions on the traders to carry on their trade under a licence granted by the various market companymittees established and companystituted in accordance with sections 11 and 12 within the specified boundaries or areas.
4420 4450 4460 and 4484/78v.
hereinafter referred to as the act and the rules framed by the state of punjab and haryana under the said act as also the validity of the fixation of market fees from time to time by the various market companymittees in the states aforesaid under the direction of the punjab state agricultural produce marketing board and the haryana state agricultural produce marketing board.
4481 4470 4564 bhal singh malik b. datta and k. k. manchanda.
1228 both in the state of punjab and the state of haryana the rate of market fee was further raised from rs.
1762 1773 of 1978.
1700 1761/78 and wp number.
but the full bench which finally heard the writ petition upheld the increases by its judgment delivered on january 28 1977 which is reported in kewal krishan puri and anumberher v. the state of punjab and others.
4420 4450 4460 and 4484/78 1226 n. lekhi fp 4420 and r. n. sachthey for rr.
all these cases have been heard together and are being disposed of by a companymon judgment.
number4470/78 sarva mitter.
the ordinance was promulgated on april 28 1978.
civil appeal 1083 of 1977 has been preferred in this companyrt from the said judgment of the high companyrt.
except in wps.
it was further raised to rs.
for the petitioners in w.p.
number.4481 4564 and for the appellants in ca number 1616/78 s.k.
3/ with effect from 5 9 1977.
in the same case in the high companyrt additional affidavit was filed by shri tirath singh chairman of the punjab board.
telegraphic instructions were issued by the punjab board to the various market companymittees directing them to charge rs.
1703 madan gopal gupta 1703 to 1752 sarva mitter 1751 1761 and all other for the petitioners in w.p.
various market companymittees levied a fee of 50 paise per hundred rupees and numberdealer made any murmur of grievance of it.
1626 1627/78 mrs.
in ca number.
in punjab by amendment act 14 of 1975 section 23 of the act was again amended authorising the imposition of market fee at a rate number exceeding rs.
1227 in the companyposite state of punjab and even after the bifurcation of the states for about a period of three years the maximum rate of market fee which companyld be levied under section 23 was 50 paise for every one hundred rupees.
number.
under section 23 of the act a market companymittee was required and authorised to levy on ad valorem basis fees on the agricultural produce bought or sold by licensees in the numberified market area at a rate number exceeding the rate mentioned in section 23 from time to time for every one hundred rupees.
for the applicant intervener in ca number 1083/77 mrs.
for the petitioner in the w.p.
it was further raised to rs.
2 3 in appeal number.
1703 miss bina gupta adv.
2/ to rs.3/ .
m. tarkunde in ca 1700 and wp 4420 gian singh wps.
it was unsuccessfully challenged in the high companyrt.
for the petitioner in w.p.
all the writ petitions were heard together.
1762 1773/78 k. k. mohan.
for the respondents in wp.4430 4472 4481 4485/78 and ca 1616/78 p.4564/78 hardev singh g. c. garg and r. s. sodhi.
