Full Judgment Text
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PETITIONER:
M/S. ATTABIRA REGULATED MARKETCOMMITTEE
Vs.
RESPONDENT:
M/S GANESH RICE MILLS
DATE OF JUDGMENT: 10/05/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
WITH
SPECIAL LEAVE PETITION (CIVIL) NO. 2092 OF 1992
O R D E R
Leave granted.
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.
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 notifeid
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 OJC No. 2337/85 stands set
aside. No costs.
SLP (C) NO.2092 of 1992.
The special leave petition is dismissed as withdrawn