SYEDAJAJAHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed on behaf of the petitioner for quashing an order dated 2-4-i 990 passed by the Assistant Director, Marketing Board, Purnea (Respondent No. 3), cancelling the settlement in favour of the petitioner to collect market fee within the Bairgaohhi Hat in the district of Araria.

(2.) It appears that initially 7-3-1990 was fixed as the date for holding a public auction in respect of settlement of the aforesaid Hat for collection of market fee. That date was changed into 15-3-1990, according to petitioner. It is the, case of the petitioner that on that day an auction WAS held in which the petitioner was the highest bidder in respect of the aforesaid Hat. It is the stand of the petitioner that on that day five other Hats were also put on auction.

(3.) The petitioner having made the requisite deposit an agreement was executed on 20-3-1990. The Secretary, Agricultural Market Committee, Araria, executed the said Agreement in favour of the petitioner. Later on application was filed by respondent No. 6, Mohamad Khali Nadim before the Assistant Director, Agriculture Marketing Board on 8-4-1990 alleging that the auction was not properly held in respect of the Hat in question. He also stated in the said petition that 17-34990 had been fixed as the date for holding the auction but the auction was specially held on 15-3-1990 without information to persons concerned including the said respondent. On that very application, the Assistant Director passed an order saying that fresh auction be held for settlement of the Hat aforesaid,