Cuttack, Sept. 9: Orissa High Court has dismissed a petition that sought quashing of the state government's order to abolish all check-gates of the regulated market committees (RMC).

The court said there was no need for the judiciary to interfere in the state government's decision because it did not violate any law or provision in the Orissa Agricultural Produce Act, 1956.

The state government had established 65 RMCs across the state under the provisions of the act for regulation of purchase and sale of agricultural produce.

The RMC is a revenue-earning body under the co-operation department.

It earns revenue by charging 2 per cent market fee at its respective check-gates on the transaction amount for providing facilities such as market yard, weigh-bridge, godown for storage (if not sold) and cold storage for perishable items.

The state co-operation department had abolished all the RMC check-gates with effect from April 1, 2017, by an order issued on March 30, 2017.

Sanjeeb Kunar Behera, a farmer and member of RMC (Panposh), had challenged the order.

A single-judge bench of Justice D.P. Choudhury said: 'When many commuters of goods vehicles enter the market area and Goods and Services Tax (GST) has already been implemented in the meantime, the concerned decision of the state government to abolish checkpoints by RMC cannot be taken as a surprise but has rather been taken for the benefit of the farmers or agriculturists.'

Justice Choudhury said: 'As the RMC has still the power to collect market fee from the traders and agriculture producers at market area and market yard, the abolition of check-points do not create any hurdle either for the RMC or for agricultural producers.'

'The impugned order dated March 30, 2017, passed by the commissioner-cum-secretary, co-operation department, stands good being legal and proper, the court is reluctant to quash the same. Hence, the writ petition being devoid of merit stands dismissed,' Justice Choudhury said in his September 6 order.

The court said establishment of the RMC check-gates was the discretion of the RMC, of course subject to approval of the state government, which had the inherent power to withdraw such at any point of time.

There is no rule that the state government would continue to extend the approval from time to time.

In the instant case, the state government has ordered the abolition of check-points/check-gates. It means it had withdrawn the earlier approval extended to install check gates by the RMC, Justice Choudhury observed.