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:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (6) 360 1996 SCALE (5)288
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 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 OJC no. 2337/85 stands
set aside. no costs.
SLP (C) NO. 2092 OF 1992
The special leave petition is dismissed as withdrawan.