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SCA/9079/2000 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9079 of 2000
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
No
2.
To
be referred to the Reporter or not ?
No
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
No
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
No
5.
Whether
it is to be circulated to the civil judge ?
No
=========================================
A
P M C - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================
Appearance
:
MR
BD KARIA
for
Petitioner(s) : 1,
MR JK SHAH, ASSTT. GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
MR DIPEN DESAI for Respondent(s) :
4,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/10/2011
ORAL
JUDGMENT
[1.0] RULE.
Shri J.K. Shah, learned
Assistant Government Pleader waives service of notice of Rule on
behalf of respondent Nos.1 and 2 and Shri Dipen Desai, learned
advocate waives service of notice of Rule on behalf of respondent
No.4.
In
the facts and circumstances of the case and with the consent
of learned advocates appearing for respective parties, present
petition is taken up for final hearing today.
[2.0] Present
Special Civil Application under Article 226 of the Constitution of
India has been preferred by the petitioner – Agriculture
Produce Market Committee, Dhanduka to quash and set aside the
impugned order dated 24.07.2000 (Annexure A to the petition) and the
order dated 17.01.2000 (Annexure B to the petition) passed by
respondent Nos.1 and 2 respectively. Considering the fact that the
impugned order has been passed by respondent No.2 directing the
petitioner not to compel the Traders trading in vegetable and fruits
to obtain the licence and restraining the Market Committee from
recovering the market cess from them is passed without following due
procedure as required under Sections 5 and 6 of the Gujarat
Agriculture Produce Market Act, the impugned order confirmed by the
Revisional Authority cannot be sustained and the same deserves to be
quashed and set aside. However, it is to be noted that as
subsequently the competent authority has issued notification under
Sections 5 and 6 of the Act, which is the subject matter of Special
Civil Application No.12302/2000, learned advocates appearing for
respective parties have requested to make suitable observations that
the impugned order be quashed and set aside without prejudice to the
rights and contentions of the respective parties in aforesaid Special
Civil Application No.12302/2000.
[3.0] In
view of the above and for the reasons stated above, petition succeeds
and the impugned order dated 17.01.2000 (Annexure
B) passed by respondent No.2 confirmed by respondent No.1 by order
dated 24.07.2000 (Annexure A) passed in Revision Application
No.38/2000, are hereby quashed and set aside. However, the same
shall be without prejudice to the rights and contentions of the
respective parties in Special Civil Application No.12302/2000. Rule
is made absolute to the aforesaid extent. No costs.
(M.R.
Shah, J.)
*menon
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