Dinesh Mishra vs The State of Bihar and Others

By this petition initially filed and considered before a learned Judge and then placed before the Division Bench, the Petitioner challenges certain amendments, which have been made to the Rules, which have been framed as Bihar Agriculture Produce Market Rules, 1975.

In so far as the Petitioner is concerned, no overt-act has been done by any of the Respondents so as to affect the licence or business of the Petitioner but in one breath the Petitioner seems to be submitting that the Rules framed have made exhaustive changes and are ultra vires. The ultra vires doctrine cannot be invoked for the askance. The Petitioner submits nothing in the petition, i.e. as to how the nature of his business has been jeopardized or affected by any action of the Market Committee acting under the new rules.

In the circumstances on a bare submission of the Petitioner the Court cannot consider that the Rules so amended be declared as ultra vires. If the occasion so arises that the Petitioner may be affected by any overt-act then perhaps that might be the occasion to consider that particular action.

This petition is misconceived and is dismissed.