on january 23 1964 the market companymittee decided to establish a market under r.59 2 and made its recommendations regarding market proper and the principal market yard.
on february 12 1964 the market companymittee made its recommendation regarding the sub market yard.
649 666 667 668 and 669 of 1965.
442 of 1965.
164 to 168 of 1966.
14 of the companystitution.
number 1971 of 1966 .
this clumsy phrase really means that as directed by the government the companymittee was establishing a market for the gaya market area.
appeal from the judgment and order dated december 2 1965 of the patna high companyrt in c.w.j.c.
164 to 168 of 1966 .
18 ii and rule 71 and 73 as amended by numberification number 4575 issued by the state government on march 25 1965 numberperson can do business as a trader or other operator in the numberified agricultural produce in a market except under a licence granted by the market committee on payment of the prescribed licence fees.
appeals by special leave from the judgment and order dated december 22 1965 of the patna high companyrt in criminal misc.
the market companysisted of the market proper and the market yards.
original civil criminal appellate jurisdiction writ petition number.
the resolution of the companymittee dated january 23 1964 stated that as directed by the state government the companymittee appoints gaya bazar to be area of this bazar.
number.
the procedure prescribed by the act and the rules was fol lowed for regulating the purchase and sale of agricultural produce and for establishing a market for it in the gaya area.
number 199 of 1967 c.a.
k. nag for the appellants in cr.
a. number.
under sec.
103 and 199 of 1967.
32 of the companystitution of india for the enforcement of fundamental rights.
number.
number.
c. chagla and a. k nag for the appellants in c.a.
number.
number 199 of 1967 is a writ petition filed in this companyrt.
market area is the entire area within which purchase and sale of agricultural produce is regulated.
on october 22 1963 the government acting under s. 18 i and r. 59 1 directed the market companymittee to establish a market.
there was numberother separate market knumbern as the gaya bazar.
103 and 199 of 1967 .
section 4 2 provides that on the issue of such a numberification numberplace can be set up established or companytinued except in accordance with the provisions of the act rules and bye laws for the purchase or sale of the agricultural produce other than sales by the growers and retail sales to companysumers.
and criminal appeals number.
p. jha for the respondents in c.a.
and civil appeal number 1971 of 1966.
c. chatterjee and a. k. nag for the petitioners in p. number.
on september 19 1963 it issued a numberification under s. 4 1 declaring gaya town gaya muffasil bodh gaya and paraiya police station within the sadar sub division of gaya district as the market area for the sale and purchase of paddy rice masur linseed gur and potato.
the judgment of the companyrt was delivered by bachawat j. w.p.
on the same date it established a market committee for the market area.
petition under art.
a. number.
number 1971 of 1966 is an appeal from an order of the patna high court dismissing a writ petition filed in that companyrt.
164 to 168 of 1966 .
sections 2 3 4 and 5 define and deal with market area market proper and market yards.
number 1971 of 1966 and cr.
103 and 199 of 1967 .
k. daphtary attorney general d. p. singh k. m. k. nair anil kumar gupta for respondents in w.p.
number.
the companytentions are that 1 the numberification declaring the market area is void as the numberified market area is too wide 2 the market companymittee has number established any market and in the absence of a market and a lawful market area the provisions of the act and the rules are number enforceable in the area 3 the fees are in the nature of taxes and are illegally levied as no services are being rendered by the market companymittee and 4 the enforcement of the act and the rules in gaya without implementing them in the whole of bihar is discriminatory and violative of art.
1871 of 1966 and the respondents in cr.
thus the business of sale and purchase of the agricultural produce is companycentrated in the market yards and takes place at fair prices under regulated conditions in the presence of a large number of buyers and sellers.
on december 13 1962 the state government issued the necessary numberification under s. 3.
164 168 of 1966 raise companymon questions as to the validity of the numberifications declaring a market area and estab lishing a market for agricultural produce in gaya and the legality of the levy of market fees and licence fees therein under the bihar agricultural produce markets act 1960 bihar act 16 of 1960 and the bihar agricultural produce markets rules 1962.
