THE 9TH DAY OF JULY, 1996 Present Honble Mr. Justice M.M. Punchhi Honble Mrs. Justice Sujata V. Manohar Aruneshwar Gupta, Adv.
It is maintained that seeds are a processed item and companyted by insecticides, Chemicals and other poisonous substances whereby the grains employed lose their use and utility as foodgrains and become unfit for human or animal companysumption or for extraction therefrom for such companysumption.
Facts giving rise thereto would require numberelaboration, except reference to the barest minimal.
One of them, M s Hindustan Lever Limited, in particular, raises and sells Bajra seeds, as claimed.
J U D G M E N T The following Judgment of the Court was delivered The State of Rajasthan etc.
The grievance voiced herein by them is companymon and hence disposal of these appeals by a companymon order.
for the appellants L.Sanghi, Sr.
Since, as claimed, these were outside the ambit of the expression agricultural produce as defined in Section 2 1 i of the Act a definition inclusive in nature applying to produce whether of agriculture, horticulture, animal husbandry or otherwise emphasis supplied as specified in the schedule, the demand of the appellants in requiring the respondents to obtain licenses for engaging in the trade of purchase and sale of seeds was uncalled for, as well as the threatened prosecutions, in the event of failure.
According to the respondents, seeds cannot be termed to be agricultural Produce for the purposes of the Rajasthan Agricultural Produce Markets Act, 1961 and its Schedule, as amended from time to time by the State Government in exercise of powers under Section 40, enabling it to add, amend or cancel any of the items of agricultural produce specified in the Schedule.
Ravinder Narain, Adv.
for M s JBD Co., K.Sagar, Adv.
for B.D. Sharma, Adv.
V. Rajasthan Agriculture Input Dealers Association etc.
The respondents claim themselves to be engaged in the business of purchasing and selling seeds.
with him for the Respondents.
These appeals are directed against order dated 3.7.1990 passed by a Division Bench of the Rajasthan High Court, Jaipur Bench, allowing two writ petitions preferred by the respective respondents herein.
J U D G M E N T Punchhi,J. In Civil Appeal Nos.4064 and 4065 of 1995, the companymon appellant is the State of Rajasthan and in Civil Appeal Nos.4066 and 4067 of 1995, its ally, the Krishi Upaj mandi Samiti, Jaipur is the companymon appellant.
