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Supreme Court of India

M/S ATIABIRA REGULATED MARKET COMMITIEE versus M/S GANESH RICE MILLS

Decided
10 May 1996
Judges listed
K. RAMASWAMY, G.B. PATTANAIK (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1996] SUPP. 2 S.C.R. 846 · 1996 INSC 682
Also cited as
  • (1996) 9 SCC 471 (4 citing judgments)

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The Court's text

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Leave granted.

p. 846, margin E

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.

p. 846, margin F

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 it a radius of 8 kms. from the plots specified in Schedule 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 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.

pp. 846–847, margin G

The appeal is accordingly allowed and the order of the High Court dated March in O.JC No. stands set aside, No costs. SLP (C) No. 2092 of 1992.

p. 847, margin B

The special leave petition is dismissed as withdrawn. R.P. Petition dismissed.

p. 847, margin C