Mohammad Yasin vs The Town Area Committee case summary
BENCH
M. Patanjali Sastri, Mehr Chand Mahajan, B.K. Mukherjea, N. Chandrasekhara Aiyar FACTS
The petitioner, Mohammad Yasin, is a wholesale dealer of fresh vegetables and fruits for the last 7 years. The producers brought their vegetables to any dealers and got it auctioned through them and the petitioner used to earn one anna in the rupee as a commission. The respondents, town area committee, framed some bye-laws by which the powers of collecting the said commission was vested in the town committee. The respondents have given the contract of sale and collecting commission to the second respondent, Bishamber. The petitioner contends that by giving monopoly of collecting commissions and sale of vegetables to respondents their fundamental right under Art. 19 (1) (g) has been violated and approached the court invoking the writ jurisdiction.
The repondents contend that the bye-law merely levys a tax on pruchase and sale and there is no restriction on one's right to carry on the business. ISSUES
Is the Fundamental right under article 19 (1) (g) has been violated?
Is town area committee a state?
LAWS INVOLVED
Article 19 (1) (g) of the Constitution
Article 12 of the constitution JUDGEMENT
The court ruled that the law was ultra vires as it charges a prescribed fee irrespective of any use or occupation by him of immoveable property vested in or en- trusted to the management of the Town Area Committee including any public street. The law violates 19(1) (g)
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