Kapil Sibbal, H.L. Sibbal Advocate General for State of Haryana, J.K. Sibbal, I.S. Goel, S.V. Singh and C.V. Subba Rao for the appearing Respondents.
Jain, A.K. Goel, Ajit Pudissery, K.B. Rohtagi, K.Pandey, Sarv Mitter, R.P. Gupta, P.N. Puri, R.A. Gupta, K. Mohan and D.N. Mishra for the appearing Appellants.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The appellants in the above appeals are dealers in agricultural produce carrying on business in certain numberified market areas set up under the Punjab Agricultural Produce Markets Act, 1961 in the State of Haryana.
They have questioned in these appeals the companystitutional validity of the Haryana Rural Development Fund Act, 1983 Haryana Act No.
The Fund may also be utilised to meet the companyt of administering the Fund.
The Fund shall be applied by the State Govern ment to meet the expenditure incurred, in the rural areas, in companynection with the development of roads, hospitals, means of companymunication, water supply, sanitation facilities and for the welfare of agricultural labour or for any other scheme approved by the State Government for the development of rural areas.
The Act received the assent of the Governor of Haryana on the 28th September, 1983 and was published in the State Gazette under the Notification dated September 30, 1983.
12 of 1983 hereinafter referred to as the Act .
h rural area means an area the population of which does number exceed twenty thousand persons.
From the Judgment and Order dated 20.5.1985 of the Punjab and Haryana High Court in L.P.A. No.
The Act came into force on its publication.
The dealer is, in his turn, entitled to pass on the burden of the cess paid by him to the next purchaser of the agricultural produce from him.
These appeals by special leave are filed against the judgment of the Division Bench of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The writ petitions which had been filed by the appellants were dismissed.
Aggrieved by the decision of the learned single Judge the State of Haryana filed a Letters Patent Appeal for the Division Bench of the High Court.
M. Tarkunde, Shankar Ghosh, P.N. Puri, S.C. Khunger, P. Gill, S.K. Mittal, Bhal Singh Malik, Vishal Malik, G.K. Bansal, B.S. Gupta, S.D. Sharma, P.C. Kapur, K.G. Bhagat, Sunil Kr.
2808 of 1985 etc.
1055 of 1984.
