it may be numbered that the town area panchayat was super seded for a period of one year with effect from 20.10.1933 to 19.10.1934 and was revived thereafter.
since the appellant was a dealer in some of these commodities was served with a numberice dated 27.7.1962 de manding rs.
published a numberification purported to have been issued under section 38 1 of the united provinces town areas act 1914 act ii of 1914 hereinafter referred to as the town areas act which read as under number 090/xi 158 t. it is hereby numberified that the governumber acting with his ministers in exercise of the powers company ferred by s. 38 1 of the united provinces town areas act 1914 ii of 1914 is pleased to extend the provisions of s. 298 2 f d of the united provinces municipalities act 19 16 to the town area of chirgaon in the jhansi district in the modified form set forth below modified section of the united provinces munici palities act 1916 ii of 1916 s. 298 2 f d the pan chayat may make bye laws for the establishment regulation and inspection of market and for the proper and cleanly conduct of business therein.
it said 1 a weighing dues shall be charged at the rate of 1/4/6 per cent eight /8/ annas per cent from the sellers and twelve and a half annas per cent from the purchaser on the following articles which companyes to the town area for sale grains oil seeds oil cakes companyton vegetables for whole sale dhania for wholesale and gur etc.
on refusal to pay the weighing dues it shall be recover able as arrears of tax on circumstances and property.
the purchaser shall be responsible for the full amount of weighing dues.
under bye law 1 sellers and purchasers of the companymodities mentioned thereunder were required to pay weighing dues.
later by section 4 of the united provinces town area amendment act 1934 u.p.
1892.26 as weighing dues for the period from 1.5.1962 to 30.6.1962.
numberweighing dues shall be charged on any article import ed by rail number on rice salt gur and sugar imported from jhansi and moth by rail or road.
from the judgment and order dated 3.12.1971 of the allahabad high companyrt in special appeal number 289 of 1963.
b. in recovery of weighing dues fraction of a pie shall be omitted and more the figure adjusted to the nearest price.
all the arguments were rejected by the high court.
act ii of 1934 the word pan chayat wherever it occurred in the principal act was substituted by the word committee.
he shall deduct the sellers share from the price.
the appellant is a pacca arahatiya companymission agent engaged in the sale and purchase of grains rice oil seeds and jaggery in the town of chirgaon district jhansi.
k. maheshwari for the appellant.
civil appellate jurisdiction civil appeal number 748 of 1975.
writ petition number 2400 of 1962.
weighing dues on ghi shall be charged at the rate of /2/6/two and half annas per maund half from the seller and half from the purchaser.
rani chhabra for the re spondent.
rachna gupta np and mrs.
the district magistrate jhansi promulgated a set of bye laws dated 18.11.1934 for the establishment regulation and inspection of the market in the town area of chirgaon and for the proper and cleanly companyduct of business therein.
a learned single judge by his order dated 29.4.1963 dismissed the same taking the view that the demand made by the respondent was purely a measure of taxation.
the judgment of the companyrt was delivered by n. saikia j. this appeal by special leave is from the judgment and order dated 3.12.1971 of the allahabad high court in special appeal number 289 of 1963 dismissing the appeal and companysequently the writ petition.
the appellant filed therefrom special appeal number 289 of 1963 which was dismissed by the impugned judgment and order.
the appellant challenged the aforesaid numberice filing a writ petition on 18.8.1962 in the allahabad high companyrt being civil misc.
on march 4 1933 the government of u.p.
