MADHUBAN VIRAT PASHU MELA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 18 -7 -2001 (Annexure -1), passed by the Managing Director of the Bihar State Agricultural Marketing Board (respondent No. 3), in Appeal Petition No. 2 of 2000, under Section 129(V) of the Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as "the Act"). The appeal was directed against the order dated 21 -9 -2000 (Annexure -28), passed by the Secretary, Agricultural Produce Market Committee, Mohania (respondent No. 12), whereby the application of respondent No. 15 (Vijay Sen Singh) to hold a cattle fair known as Vijay Virat Pashu Mela on his Raiyati land for the period 2000 -2001 was rejected.

(2.) Respondent No. 15 was earlier granted licence for holding Mela for sale and purchase of cattle since 1 -10 -1996 on his Raiyati land bearing plot Nos. 323 & 324, Khata No. 173. Respondent No. 15 was granted licence to hold the Mela for three days a week namely, Friday, Saturday and Sunday, apart from six occasions every year between the period 1 -4 -1999 for 31 -3 -2000. There was allegation against him that he was holding the Mela for more than the permissible days and was depriving the Committee of its legitimate revenue. This led to suspension of the licence for a period of one month by an order dated 24 -6 -1999, but he was found to be holding Mela in defence of such order of suspension which led to the order of cancellation of licence dated 7 -8 -1999. By order dated 7 -8 -1999 of respondent No. 12, the licence of respondent No. 15 to hold the Mela between 1 -4 -1999 to 31 -3 -2000 was cancelled which was affirmed by the appellate authority on 16 -11 -1999. The same was challenged before this Court in C.W.J.C. No. 11448 of 1999, which was dismissed by order dated 6 -12 -1999 (Annexure -22). Respondent No. 15 herein challenged the same by preferring L.P.A. No. 43 of 2000 which was allowed by order dated 1 -2 -2000 (Annexure -23), passed by a Division Bench of this Court, whereby the aforesaid orders dated 7 -8 -1999 and 16 -11 -1999, passed by the authorities under the Act, were set aside. The matter was remitted back to respondent No. 12 to pass a fresh order after supplying a copy of a particular report which was not supplied to him. The sole ground on which the appeal was allowed by the Division Bench was that on account of non -supply of a certain report adverse to respondent No. 15, he had suffered prejudice, inasmuch as he could not challenge the position that the said report was not with respect to the Mela of respondent No. 15. It was further directed that till the matter is decided by respondent No. 12, respondent No. 15 shall not hold the Mela in question. Pursuant to the order in L.P.A. No. 43 of 2000, respondent No. 12 passed the order dated 7 -3 -2000 (Annexure -24), whereby he held that the said report related to the Mela of respondent No. 15 and reiterated the earlier order of cancellation. It is relevant to state that the matter relating to cancellation of the licence for the period 1 -4 -1999 to 31 -3 -2000 rested with this order and attained finality. In other words, the adverse findings have remained intact and have become final.

(3.) Thereafter, respondent No. 15 applied on 11 -3 -2000 in Form No. XIX for issuance of licence for the period 2000 -2001, but perhaps no order was passed by the Secretary of the Market Committee. Respondent No. 15 filed an application on 13 -4 -2000 before the Secretary of the Committee (respondent No. 12) that he had already applied for grant of licence for the period 2000 -2001 but the decision was yet to be taken. Thereafter, the Secretary informed respondent No. 15 that the proprietor of Madhuban Virat Pashu Mela (the petitioner herein) had objected to the grant of licence and direction has been sought for from the Board. Thereafter, respondent No. 15 preferred C.W.J.C. No. 4060 of 2000 Vijay Sen Singh v. Bihar State Agricultural Marketing Board) for direction to the Committee to grant the licence for the period 2000 -2001. The same was rejected by a learned Single Judge of this Court by his order dated 14 -7 -2000 (Annexure -25), on the ground that he is not a "desirable person" within the meaning of Rule 129(iii)(c) of the Bihar Agricultural Produce Markets Rules, 1975 (hereinafter referred to as "the Rules"), and also on the ground that he had disentitled himself from any relief by the writ Court on account of suppression of material facts. Respondent No. 15 challenged the same by preferring L.P.A. No. 1023 of 2000 which was allowed by a Division Bench of this Court by order dated 21 -8 -2000, since reported in 2000 (4) PLJR 586 (Vijay Sen Singh v. Bihar State Agricultural Marketing Board), and the appropriate authorities were directed to consider the application for grant of licence in terms of Rule 129 of the Rules within the time granted by the Court. It is of importance to state that the Division Bench observed that so far as the said order dated 7 -3 -2000 (Annexure -24), passed by the Secretary of the Committee (respondent No. 12) is concerned, reiterating the earlier order of cancellation of licence for the period 1999 -2000, the Division Bench did not express any opinion and observed that it was open to respondent No. 15 (appellant therein) to challenge the same in accordance with law. As stated hereinabove, respondent No. 15 herein never challenged this order and, therefore, cancellation of licence for the period 1999 -2000 on the specified grounds has become final.