10 May 1996
Supreme Court
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ATTABIRA REGULATED MKT.COMM. Vs GANESH RICE MILLS

Bench: RAMASWAMY,K.
Case number: C.A. No.-009078-009078 / 1996
Diary number: 84625 / 1992


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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.