Firm Agrawal Warehousingh ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 8341 MP

                                                                    1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                    BEFORE
                                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                                CHIEF JUSTICE
                                                                       &
                                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 23rd OF JUNE, 2022

                                                        WRIT APPEAL No. 1047 of 2010

                                            Between:-
                                            FIRM       AGRAWAL        WAREHOUSING
                                            CORPORATION SADIYA ROAD PIPARIYA TH.
                                            PARTNER RAMESHWAR PRASAD AGRAWAL
                                            S/O SHRI KANHAIYALAL AGRAWAL, AGED
                                            ABOUT 65 YEARS, R/O ANIL MEDICAL STORE
                                            MANGALWARA         BAJAR       PIPARIYA
                                            HOSHANGABAD (MADHYA PRADESH)

                                                                                            .....APPELLANT
                                            (BY SHRI R.L. GUPTA - ADVOCATE AND SHRI SIDDHARTH
                                            GUPTA - ADVOCATES - ABSENT)

                                            AND

                                     1.     THE STATE OF MADHYA PRADESH THROUGH
                                            SECRETARY AGRICULTURE DEPTT. VALLABH
                                            BHAWAN BHOPAL (MADHYA PRADESH)

                                     2.     KRISHI UPAJ MANDI SAMITI PIPARIYA THRO.
                                            S ECR ETARY KRISHI UPAJ MANDI SAMITI
                                            PIPRAIYA DISTT. HOSHANGABAD (MADHYA
                                            PRADESH)

                                     3.     M.P. STATE AGRICULTURAL MARKETING
                                            BOARD   OCCUPATION: THRO. MANGING
                                            DIRECTOR 26, AREA HILLS JAIL ROAD KISAN
                                            BHAWAN BHOPAL (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                            (SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR
                                            RESPONDENT NO.1 AND SHRI VIVEKANAND AWASTHI -
                                            ADVOCATE FOR RESPONDENT NO.2 & 3)
Signature Not Verified
  SAN


                                          Th is appeal coming on for hearing this day, Hon'ble Shri Justice
Digitally signed by SANTOSH MASSEY
Date: 2022.06.24 18:57:08 IST

                                     Ravi Malimath, Chief Justice passed the following:
                                                                         2
                                                                         ORDER

This appeal has been filed by the petitioner being aggrieved by the order dated 27.8.2010 passed by the learned Single Judge in WP No.11497 of 2010, whereby the writ petition filed by the petitioner against the show cause notice requiring it to obtain license under the provisions of the M.P. Krishi Upaj Mandi Adhininiyam, 1972 was disposed off with a liberty to file a reply to the show cause notice, which would be considered by the concerned authority.

Appellant's counsel is absent. He was also absent on 16.6.2022. However, learned counsel appearing for respondent No.2 - Krishi Upaj Mandi Samiti places reliance on the judgment of High Court of Madhya Pradesh

Gwalior Bench reported in 2010 (4) MPHT 406 (DB) [M/s Jay Baba Devpuri Warehouse, Morena Vs. State of M.P. & Others].

The similar question of law arose for consideration with regard to power o f Krishi Upaj Mandi Samiti under the provisions of M.P. Krishi Upaj Mandi Adhininiyam, 1972 in demanding the license fee. By the said order the right of respondent-Mandi was upheld. Therefore, keeping in mind the submissions made by respondents' counsel, it would appear that for this reason, the appellant is not appearing to prosecute the appeal.

Hence, the appeal is dismissed.

                                           (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                             CHIEF JUSTICE                                           JUDGE
                                     SKM




Signature Not Verified
  SAN




Digitally signed by SANTOSH MASSEY
Date: 2022.06.24 18:57:08 IST