M/S ATIABIRA REGULATED MARKET COMMITIEEversusM/S GANESH RICE MILLS
- Citation
- 1996 INSC 682
- Decided
- 10 May 1996
- Disposal
- Dismissed
Holding
Saharatikira and Bheden are within the notified market area, obligating the respondent to pay the market fee.
Summary
The appellant, Mis Attiabira Regulated Market Committee, appealed against Mis Ganesh Rice Mills challenging the High Court's decision that the villages of Saharatikira and Bheden were outside the notified market area under the Orissa Agricultural Produce Market Act, 1956. The central issue was whether these villages fell within the 8‑km radius and the police‑station boundaries specified in the notification issued under Section 4(1) of the Act. The Court examined the notification’s annexures and concluded that both villages indeed lie within the prescribed radius and therefore are part of the notified market area. Consequently, the respondent’s purchase of paddy from these villages obliges it to pay the market fee under the Act. The appeal was allowed, setting aside the High Court’s order, and no costs were awarded. The accompanying Special Leave Petition was dismissed as withdrawn.
Issues considered
- Whether the villages of Saharatikira and Bheden are within the notified market area as defined by the notification under Section 4(1) of the Orissa Agricultural Produce Market Act, 1956.
- Whether purchase of paddy from a notified market area mandates payment of market fee under the Act.
Subjects
Judgment
A MIS ATIABIRA REGULATED MARKET COMMITIEE
v.
MIS GANESH RICE MILLS <§!
MAY 10, 1996
B [K. RAMASWAMY AND G.B. PATIANAIK, JJ.]
01issa Agricultural Produce Market Act, 1956:
S.4(1 )-Notified market area-Declaration of-Purchase of paddy from
notified area-Liability to pay market fee-Held, respondents doing purchase
c of paddy from the villages falling within the notified area shall be required to
pay market fee under the Act.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9078 of
1996.
D
From the Judgment and Order dated 21.3.91 .of the Orissa High
Court in O.J.C. No. 2337 of 1985.
WITH
Special Leave Petition (C) No. 2092 of 1992.
E
Sunil K. Jain for the Appellant.
The following Order of the Court was delivered :
Leave granted.
F
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.
G The only question is : whether Saharatikira and Bheden are within
the notified market area of the appellant? It is not in dispute that pursuant
if'.
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
H annexures thereto. Under annexure 'A' to the notification it was stated that
846
A TIABIRA REGULATED MKT. COMM!TIEE v. GANESH RICE MILLS 847
the area falling it a radius of 8 kms. from the plots specified in Schedule A
B arc within the notified area. In schedule B within 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 B
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.
The appeal is accordingly allowed and the order of the High Court
dated March 21, 1991 in O.JC No. 2337/85 stands set aside, No costs.
c
SLP (C) No. 2092 of 1992.
The special leave petition is dismissed as withdrawn.
R.P. Petition dismissed.
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