m s prem chand ram lal filed a writ application before the high court for quashing the demand numberice.
from the judgment and order dated the 25th march 1970 of the punjab haryana high companyrt in civil writ number 325 of 1968 l.p.a.
number 177 of 1969 civil writ number 1534 1545 1829 and 2201 of 1969 respectively.
299 and 120 to 124 of 1972.
the administrator of the market committee after some companyrespondence levied on one of the appellants m s prem chand ram lal appellants in civil appeal number 120 of 1972 rs.
c. mahajan s. s. khanduja and r. l. bata for the appellants in c.as.
since they were found to be selling gur and shakkar in their own shops within the numberified market area without submitting accounts and without payment of fees they were asked to show cause by the market companymittee why legal action should number be taken against them for violation of rules 29 3 and 31 1 of the punjab agricultural produce markets general rules 1962 briefly the rules and for violation of companydition number 1 of the licence which is to the effect that the licensee shall companyply with the provisions of the act rules and bye laws framed thereunder and instructions issued from time to time.
the appellants in civil appeal number 299 of 1972 had also filed a writ application under articles 226 and 227 of the constitution in the high companyrt questions the action taken against them as well as the levy under the act.
civil appellate jurisdiction civil appeals number.
5014/ as market fee on the basis of best judgment assessment and imposed equal amount of penalty and a demand numberice was issued for payment.
number 299/72 .
the judgement of the companyrt was delivered by goswami j. in these appeals by certificate of the high court of punjab and haryana validity of action taken by the market companymittee patiala under the provisions of the punjab agricultural produce markets act 1961 is under challenge.
it is number in dispute that they sell gur and shakkar within the market area numberified under the act.
120 124/72 mukherjee hardev singh r. s. sodhi and g. c. garg for the respondents.
the high court however rejected the other companytentions of the said petitioner questioning the validity of the fee levied.
the appellants are shop keepers of gur mandi patiala and are licensees under section 10 of the punjab agricultural produce markets act 1961 briefly the act and are also pucca arhtiyas.
by a companymon judgement of march 25 1970 the division bench of the high court dismissed the letters patent appeal of m s prem chand ram lal as also the writ application of the appellants and granted certificates to appeal to this companyrt.
number.
m s prem chand ram lal filed a letters patent appeal against the judgment of the learned single judge rejecting their other substantial points.
l. sanjay s. k. mehta r. l. batta and m. qumaruddin for the appellants in civil appeal number 299/72 .
the appellants disclaimed liability to pay fee under the act on various grounds.
in c.a.
the high companyrt allowed the petition quashing the order of assessment as arbitrary and violative of the principles of natural justice.
it is also admitted that they have licences under section 10 of the act in form b as kacha arhtiyas or commission agents.
