Immediately after the dismissal of the suit the petitioners herein filed the writ petition out of which this special leave petition arises questioning the validity of the resolution passed by the Market Committee abolishing the Kachhi Adhat System.
The said resolution was, however, kept in abeyance for some time but on February 21, 1982 the Market Committee adopted a further resolution resolving to companytinue the Kachhi Adhat System till necessary alternative arrangements were made.
On August 29, 1982 the Market Committee passed another resolution requesting the Collector to fix the wages of Hambals Coolies .
Against the order passed on appeal a civil revision petition was filed before the High Court in Civil Revision No.
1 is a companymission agent adhatia carrying on business within the jurisdiction of the Agricultural Produce Market Committee, Bhind in the State of Madhya Pradesh and Petitioner No.
The Director accorded his approval to the resolution on December 4, 1981.
In the appeal filed against the order of the trial companyrt refusing to grant the interim injunction, a temporary injunction was issued as prayed for on October 6, 1982.
In that Civil Revision Petition by companysent of parties, an order was passed directing that the order of temporary injunction should remain effective for a period of three weeks only and that in the meanwhile the trial companyrt was directed to try the issue relating to the maintainability of the suit as a preliminary issue and to record its finding thereon.
But in the meanwhile one Ganga Ram had instituted a civil suit against the Market Committee for an injunction restraining the Market Committee from giving effect to its resolution and applies for the issue of a temporary injunction in the same terms during the pendency of the suit.
The trial companyrt by its order dated October 31, 1985 dismissed the suit holding that it was number maintainable.
The Agricultural Produce Market Committee, Bhind hereinafter referred to as the Market Committee companystituted under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973 hereinafter referred as the Act passed a resolution on February 25, 1981 resolving to abolish the Kachhi Adhat System which companyld number companyexist with a direction issued under sec.
The High Court after hearing the parties dismissed the petition.
The trial companyrt refused to pass the interim injunction.
A 25 of 1984.
On October 6, 1982 the Market Committee decided to bring into force its decision to abolish the Kachhi Adhat System.
G From the Judgment and Order dated 2.1.86 of the High Court of Madhya Pradesh, Gwalior Bench in M.P. No.
Shiv Dayal Srivastava, D.K. Kabara and Rajiv Dutta for the petitioners.
On the suit being dismissed Kachi Adhat System which had companytinued by virtue of the order of temporary injunction came to an end.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
Petitioner No.
32 5 of the Act in the market area at Bhind in exercise of its powers under sub section 5 of section 32 of the Act and submitted the resolution for the approval of the Director of marketing.
3732 of 1986.
H The Judgment of the Court was delivered by VENKATARAMIAH J. This is a petition under Article 136 of the Constitution of India praying for special leave to file an appeal against the judgment dated January 2, 1986 of the High Court of Madhya Pradesh Gwalior Bench in Miscellaneous Petition No.
889 of 1985 filed under Article 226 of the Constitution of India.
889 of 85.
