Himachal Pradesh Court January 1982 Judgments

Khushi Ram and ors. Vs. the State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP97

H.S. Thakur, J.1. Civil Writ Petitions Nos. 82 of 1974, 252 of 1974, 254 of 1974, 259 of 1974, 236 of 1979, 68 of 1981 and 89of 1981, can be conveniently disposed of together, since the main points involved in these writ petitions are common to all of them. However, additional point or points raised in any petition would be also dealt with in the judgment that follows.2. To start with, it is desirable to narrate the facts and contentions raised in C. W. P. No. 254 of 1974. In this writ petition, besides other reliefs, it is prayed that the Himachal Pradesh Agricultural Produce Markets Act, 1969 (9 of 1970) (hereinafter referred to as the Act) be declared ultra vires of the Constitution. It is stated that the petitioner is carrying on the business of commission agent in fruits and other vegetable articles within the territorial jurisdiction of Simla District. It is pointed out thatthe Act was promulgated in the State of Himachal Pradesh in the year 1970 and a notification to this effect...