Research › Browse › Judgment

Patna High Court · body

1999 DIGILAW 592 (PAT)

Balram Prasad v. State of Bihar

1999-07-14

AFTAB ALAM

body1999
ORDER The petitioners describe themselves as dealers in pulses and they seek this Court's intervention against the direction given to them by the Secretary of the Patna City Agriculture Produce Market Committee by his letter no. 845, dated 21.3.1978 asking them to shift their business completely to the market yard of that Market Committee. 2. Mr. Rameshwar Prasad, learned Sr. counsel for the petitioners submitted that in the notification. dated 13.2.1992 issued under section 5(2) of the Bihar Agriculture Produce Market Act making declaration of the market yards for the Patna City Market Committee the words 'Khadyan' and 'Khad Tel were used. 3. Learned counsel further submitted that Khadyan means edible cereals which do not include pulses in which the petitioners are dealing. According to him thereafter the petitioners are not covered by the notification dated 13.2.1992 and they were, therefore, not obliged to shift their business premises in the market yard. 4. Mr. Balram Prasad learned counsel for the Market Committee was unable to deny that Khadyan would be used also asedible cereals. He however tried to seek support from the provisions of the Bihar Food Grains (Declaration etc.) Order, 1974 in which both pulses and cereals are described together as edible grains. In my view the propositions of the aforesaid order can be of no help to the respondents in this case. In the first place that order was issued under section 3 of the Essential Commodities Act and the provisions of the Agricultural Produce Markets Act and the rules and regulations framed thereunder which together constitute a complete and independent code. Secondly in the Bihar Food Grains (Declaration etc.). Order also pulses are included in the category of edible food grains. There may be no difficulty in holding pulses as edible food grains but they would not be in the same category as edible cereals and as noted above the word Khadyan used in the notification means edible cereals and not edible grains. 5. Having thus heard counsel for the parties I find substance in the submissions made on behalf of the petitioners and in my view they cannot be compelled to shift their business premises to the market yard provided it is factually correct that they deal only in pulses. 5. Having thus heard counsel for the parties I find substance in the submissions made on behalf of the petitioners and in my view they cannot be compelled to shift their business premises to the market yard provided it is factually correct that they deal only in pulses. In case the authorities of the Market Committee find that they also deal in edible cereals and edible oils, it will be open to the Market Committee to ask the petitioners to carry their business in so far as edible oils and edible cereals are concerned from their premises in the market yard. In the result, this writ petition is allowed subject to above observation and with no order as to costs.