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TMI Blog1987 (9) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ition No. 766 of 1987, - - - Dated:- 23-9-1987 - Judge(s) : RANGANATH MISRA., MURARI MOHAN DUTT., RANGANATH MISRA JJ. Dr. Y.S. Chitale, Senior Advocate (Mrs. S. Dixit and Pradeep Mishra, Advocates, with him), for the respondents. Soli J. Sorabji, Senior Advocate (Pramod Swarup, Advocate, with him), for the petitioners. JUDGMENT The judgment of the court was delivered by DUTT J. -In this writ petition under article 32 of the Constitution of India, the petitioners have prayed for issuance of the writ in the nature of mandamus directing the respondents not to compel the petitioners to take out licences and to pay market fee under the U.P. Utpadan Mandi Adhiniyam, 1964, hereinafter referred to as " the Act ". The petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in any other law, custom, usage or agreement notwithstanding: Provided that the provisions of this sub-section shall not apply to producer in respect of agricultural produce produced, reared, caught or processed by him or to any person who purchases or stores any agricultural produce for his domestic consumption. Section 17 lays down the powers of the committee constituted under section 13 of the Act. Clause (iii)(1))( 1) of section 17 provides as follows : " S. 17. A committee shall, for the purpose of this Act, have the power to-... (iii) levy and collect: .... (b) market fee, which shall be payable on transactions of sale of specified agricultural produce in the market area at such rates, being not less than one perce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agricultural produce and for the establishment, superintendence and control of market therefor. The very object of the Act, as indicated in the preamble, will be defeated, if a producer of agricultural produce within the market area is exempted from taking out a licence merely because he is a producer of agricultural produce. It is true that the proviso to sub-section (1) of section 9 will not be applicable to a producer of agricultural produce. But such producer must be a producer of agricultural produce processed, reared, caught or processed by him for his domestic consumption. If, however, the producer produces, rears, catches or processes the agricultural produce not for his domestic consumption, but for the sale thereof in the market ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s (also) a trader. Our attention has been drawn to the definition of the word " trader " under section 2(y) of the Act as meaning a person who in the ordinary course of business is engaged in buying or selling agricultural produce as a principal or as a duly authorised agent of one or more principals and includes a person engaged in processing of agricultural produce. It is submitted that the petitioners are not " traders " within the meaning of the said definition and also as contemplated by sub-section (1) of section 9 of the Act. In support of this contention, learned counsel for the petitioners has placed much reliance upon a decision of this court in Ramesh Chandra v. State of U.P. [1980] 3 SCR 104; AIR 1980 SC 1124, which also relates ..... X X X X Extracts X X X X X X X X Extracts X X X X
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