M/s. Attabira Regulated Market Committee Vs. M/s. Ganesh Rice Mills
EmailAppeal: Civil Appeal No. 9078 of 1996.
(Arising out of SLP (C) Nos.2556/92)
WITH
Special Leave Petition (C) No. 2092 of 1992
(From the Judgment and Order dated 21.3.1991 of the Orissa High Court in O.J.C. No. 2337 of 1985)
(Arising out of SLP (C) Nos.2556/92)
WITH
Special Leave Petition (C) No. 2092 of 1992
(From the Judgment and Order dated 21.3.1991 of the Orissa High Court in O.J.C. No. 2337 of 1985)
Petitioner: M/s. Attabira Regulated Market Committee
Respondent: M/s. Ganesh Rice Mills
Apeal: Civil Appeal No. 9078 of 1996.
(Arising out of SLP (C) Nos.2556/92)
WITH
Special Leave Petition (C) No. 2092 of 1992
(From the Judgment and Order dated 21.3.1991 of the Orissa High Court in O.J.C. No. 2337 of 1985)
(Arising out of SLP (C) Nos.2556/92)
WITH
Special Leave Petition (C) No. 2092 of 1992
(From the Judgment and Order dated 21.3.1991 of the Orissa High Court in O.J.C. No. 2337 of 1985)
Judges: K. RAMASWAMY & G.B. PATTANAIK, JJ.
Date of Judgment: May 10, 1996
Appearances:
Mr. Sunil K. Jain, Advocate for the Apellant.
Head Note:
AGRICULTURE
Orissa Agricultural Produce Market Act, 1956:
Section 4(1) – whether Saharatikira and Bheden are within the notified market area of the appellant? – Areas within 8Kms. from the plots specified in Schedule B were within the notified area – Held that since the villages Saharatikira and Bheden are situated within the 8 kms. radius, the villages do fall within the notified area – Appeal allowed.
Orissa Agricultural Produce Market Act, 1956:
Section 4(1) – whether Saharatikira and Bheden are within the notified market area of the appellant? – Areas within 8Kms. from the plots specified in Schedule B were within the notified area – Held that since the villages Saharatikira and Bheden are situated within the 8 kms. radius, the villages do fall within the notified area – Appeal allowed.
JUDGEMENT:
O R D E R
1. Leave granted.
2. We have heard learned counsel for the appellant. Though notice was sent to the respondent on April 14, 1992 till date neither acknowledgement nor unserved envelope has been received. Under these circumstances, the notice must be deemed to have been served on the respondent.
3. The only question is: whether Saharatikira and Bheden are within the notified market area of the appellant? It is not in dispute that pursuant to the notification issued under sub-section (1) of Section 4 of Orissa Agricultural Produce Market Act, 1956, the Orissa Act 3 of 1963 (for short the ‘Act’) the State Government declared the notified market area with annexures thereto. Under annexure ‘A’ to the notification it was stated that the area falling within a radius of 8 kms. from the plots specified in Schedule B are within the notified area. In schedule B it was mentioned that the area comprising in Attabira and Bheden Police Station in the District of Sambalpur are within the notified area. It is now seen that the villages Saharatikira and Bheden are situated within the 8 kms. radius from the aforesaid police stations. Under these circumstances, the villages do fall within the notified area. The respondent admittedly are doing purchase of paddy from the notified area. Consequently, they shall be required to pay market fee under the Act.
4. The appeal is accordingly allowed and the order of the High Court dated March 21, 1991 in OJC No.2337/85 stands set aside. No costs.
SLP (C) No.2092 of 1992.
5. The special leave petition is dismissed as withdrawn.
1. Leave granted.
2. We have heard learned counsel for the appellant. Though notice was sent to the respondent on April 14, 1992 till date neither acknowledgement nor unserved envelope has been received. Under these circumstances, the notice must be deemed to have been served on the respondent.
3. The only question is: whether Saharatikira and Bheden are within the notified market area of the appellant? It is not in dispute that pursuant to the notification issued under sub-section (1) of Section 4 of Orissa Agricultural Produce Market Act, 1956, the Orissa Act 3 of 1963 (for short the ‘Act’) the State Government declared the notified market area with annexures thereto. Under annexure ‘A’ to the notification it was stated that the area falling within a radius of 8 kms. from the plots specified in Schedule B are within the notified area. In schedule B it was mentioned that the area comprising in Attabira and Bheden Police Station in the District of Sambalpur are within the notified area. It is now seen that the villages Saharatikira and Bheden are situated within the 8 kms. radius from the aforesaid police stations. Under these circumstances, the villages do fall within the notified area. The respondent admittedly are doing purchase of paddy from the notified area. Consequently, they shall be required to pay market fee under the Act.
4. The appeal is accordingly allowed and the order of the High Court dated March 21, 1991 in OJC No.2337/85 stands set aside. No costs.
SLP (C) No.2092 of 1992.
5. The special leave petition is dismissed as withdrawn.
