Chandrakant Bhagvandas Rathod, petitioner, has filed this petition with a prayer that this Court may issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the Notification dated 16th April, 2003, issued by the Director of Agricultural Marketing & Rural Finance, State of Gujarat.
It is the case of the petitioner that the respondent No.3 - Director of Agricultural Marketing & Rural Finance had issued a notification dated 16.1.2003 declared its intention to regulate the sale and purchase of certain oil seeds, certain vegetables, certain spices, certain cattle feeds mentioned therein and invited objections and/or suggestions with respect to the same. Thereafter the respondent No.3 issued another notification dated 16.4.2003 declaring that the market place/area shall be considered with respect to the above referred agricultural produce so far as APMC, Limbdi is concerned.
Mr.Pandya, learned advocate for the petitioner has invited my attention to Sec.5 of the Gujarat Agricultural Produce Markets Act which provides declaration of intention of regulating purchase and sale of agricultural produce in specified area, and Sec.6 of the Act provides declaration of market areas.
Mr.Pandya, learned advocate has also invited my attention to the judgment of the Hon'ble Apex Court in the case of GOVIND LAL CHAGGAN LAL PATEL VS. THE AGRICULTURE PRODUCE MARKET COMMITTEE AND OTHERS reported in AIR 1976 SC 263 where the Hon'ble Supreme Court has interpreted Sec.6 of the Act which provides that the requirement laid down by Sec.6 (1) that a notification under this section shall also be published in Gujarati in a newspaper would govern any and every notification issued under any part of Sec.6, that is to say, under any of the sub-sections of Sec.6 including sub-sec(5). The said decision also provides that the requirement of publication in Gujarati in a newspaper is mandatory and not directory.
In view of the same, Rule. Notice as to interim relief returnable on 24th January, 2005.
( K.M. Mehta, J. ) syed/