Regulated Market Committee Vs. M/S. Ganesh Rice Mills  INSC 725 (10 May 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (6) 360 1996 SCALE (5)288
LEAVE PETITION (CIVIL) NO.2092 OF 1992
O R D
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.
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.
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.
(C) NO. 2092 OF 1992 The special leave petition is dismissed as with drawn.