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Showing contexts for: function of functionary in Itc Limited vs State Of Karnataka And Ors. on 8 February, 2005Matching Fragments
1. All these petitions are by persons who have dealings in the notified agricultural produce, as the expression occurs within the meaning of Sub-section (28) of Section 2 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (for short, 'the Act').
2. While most of the petitioners are in fact what is known as 'market functionaries', within the meaning of this phrase as it occurs in Sub-section (21) of Section 2 of the Act and are also licensed market functionaries, having sought for and obtained licences to function so within the notified area in respect of the Agricultural Produce Market Committees (APMC), only the petitioner in W.P. No. 39753 of 2004, namely M/s. ITC Limited, is not a licensed market functionary within the market area of the APMC, Doddaballapur, within which area this petitioner has some activities in relation to the notified agricultural produces namely wheat and other produces.
28. It is also the specific stand of the respondent 3-Market Committee which, in fact, is the stand of the other Market Committees also, that even a person who is not obliged to obtain a licence under Section 8 of the Act, nevertheless should comply with the requirements pursuant to a query by the Market Committee in exercise of its powers under Section 66 of the Act. On facts, it is asserted that while the petitioner has not obtained a licence from the Committee so far, which is characterised as a shortcoming on the part of the petitioner, it is also asserted that though M/s. Central Warehousing Corporation, through whom the petitioner claims to have been carrying on its activities within the notified market area, of the respondent 3-Market Committee also had not obtained a licence when the notices were issued by the Market Committee and it is evident that during the pendency of the writ petition before this Court, M/s. Central Warehousing Corporation has applied for and has been given a licence to function as a market functionary as a stockist with effect from 4-12-2004 for the purpose of carrying on activities of storing notified agricultural produces.