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1971 DIGILAW 145 (KAR)

MUNISWAMAPPA v. STATE OF MYSORE

1971-05-24

NARAYANA PAI, VENKATASWAMI

body1971
NARAYANA PAI, C. J. ( 1 ) THE prayers in this Writ Petition are for declaration of invalidity of the Mysore Silkworm Seed and Cocoon (Regulation of Production, supply and Distribution) Act, 1959, as amended by the Mysore Silkworm seed and Cocoon (Regulation of Production, Supply and Distribution) (Amendment) Act, 1969 with a consequential direction preventing the enforcement thereof, and for declaration of invalidity of two Notifications issued thereunder. ( 2 ) SO far as the first prayer is concerned, Mr. Venkatachalaiah appearing for the petitioners explains that the prayer is limited to the declaration of invalidity of the Amending Act. This matter has been dealt with in our order in WP. 45 of 1971 pronounced today, wherein we have upheld the validity of the said Act. ( 3 ) THE notifications impugned are those marked as Exs. D and P annexed to the Writ Petitions, which are Nos. S. O. 799 and 800 dated 1st May 1966. The former has to be related to clause (a) of sub-sec. (i) of S. 10 and the Jatter to clause (c ). These clauses read:" (10) (i) The Government may, from time to time, by notification, (a) specify the places at which cocoon markets, cocoon market yards and cocoon stores shall be located. (c) specify the sericultural areas in the State to be served by each cocoon market where silkworm cocoon produced within such areas shall be sold. "the same is a machinery for giving effect to the control imposed by S. 7 of the Act. The new S. 7 substituted by the Amending Act states that in any area in which a cocoon market is established under the Act, no person shall sell or agree to sell and no person shall purchase or agree to purchase silkworm cocoons except in such cocoon market and except in accordance with such conditions and in such manner as may be prescribed. ( 4 ) THE clear meaning of S. 7 is that if a cocoon market is established and an area is attached thereto, the prohibitions contained therein come into operation. If no market is established or no area is attached to any market established, any rearer within such area does not come within the scope of the control under S. 7. If no market is established or no area is attached to any market established, any rearer within such area does not come within the scope of the control under S. 7. ( 5 ) NOW, one of the petitioners is a rearer in a village called Solur and the other a rearer in a village called Byadarahalli, both of which are situated in Devanahalli Taluk. It is stated in the affidavit filed on behalf of the State Government (Para 21) that Byadarahalli and Solur have been denotified from the purview of the seed zone and that therefore they are free to dispose of their cocoons in any one of the 45 notified cocoon markets established in the cross-breed cocoon producing zone. The reference obviously i5 to the deletion of these and other villages of Devenahalli taluk from the schedule annexed to Notification No. Cl-61-SAD 60 dated 14-7-1960 issued under sub-sec. (2) of S. 4 of the Act fixing an area for breeding or cultivating what is called pure Mysore race silkworm. In the notifications under S. 10 (i) establishing cocoon markets and attaching areas thereto describing the areas as sericultural areas. It is apparently on this basis that the contention is put forward that the villages of devanahalli including Solur and Byadarahalli stand deleted from the sericultural area described in column 2 of Notification No. S. O. 800 dated 1st May 1968. ( 6 ) WE accept the argument as correctly representing the understanding of the Department in this regard, although it would be conducive to clearer understanding of the position if separate steps are taken to delete the same villages from Notification No. S. O. 800 also. ( 7 ) PROCEEDING on the said statement of fact, viz. , that Solur and byadarahalli are now placed beyond the scope of S. O. 800, the result is that they cannot be held as obliged bv law to sell their cocoons only in the markets specified in S. O. 799 and repeated in S. O. 800. ( 8 ) WE find that in another Notification No. S. O. 1535, there is a village by name Byadarahalli in the long list of villages attached to 45 named cocoon markets one of which is Devanaballi which is, according to the averments in the affidavit, within walking distance of Byadarahalli. ( 8 ) WE find that in another Notification No. S. O. 1535, there is a village by name Byadarahalli in the long list of villages attached to 45 named cocoon markets one of which is Devanaballi which is, according to the averments in the affidavit, within walking distance of Byadarahalli. ( 9 ) ON these facs, both the petitioners who arc residing in Solur and byadarahalli must be held to be beyond the control of Notifications of s. O. Nos. 799 and 800 of 1st May 1968 mentioned above, but that the petitioner in Byadarahalli may come within the scope of S. O. No. 1535 and cannot on the distances mentioned above have any grievance. The Writ Petition is therefore dismissed. --- *** --- .