KATEYA GRAM PANCHAYAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has moved this Court under Articles 226 and 227 of the Constitution of India for quashing Annexure '2' order dated 9-4-1981 of the Secretary, Zilla Parishad Gopalganj, Respondent No. 2, settling the road-side flanks for vending articles in favour of respondent No. 4.

(2.) An interesting point which has to be answered by us is whether the Zilla Parishad or the Panchayat Samiti has the right to settle the road-side flanks for vending articles. In order to appreciate the point it will be necessary to state some relevant facts. The, petitioner, Kateya Gram Panchayat, consists of village Kateya, Rampur and Betwania and Shri Shivji Prasad is the Mukhiya of the said Gram Panchayat. There is a Bazar in Kateya and hat is held bi-weekly on Wednesday and Saturday in which articles of daily consumption like food-grains, vegetables, oil, tobacco and clothes etc. are sold and there are about 480 permanent and semi-permanent shops in the said Bazar. Prior to the vesting of the estate the aforesaid hat was a part of the Zamindari of Hathwa Raj and after the vesting the State of Bihar settled it every year under government instruction. In the middle of Kateya Bazar there is a District Board Road which was formely maintained by District Board. After the taking over of the District Board it was maintained by the Government. On the road-side flanks of this road persons sit and sell articles like vegetables, foodgrain, tobacco etc.

(3.) According to the petitioner during the last 25 years Kateya Hat and also Bazar which is held on the flanks of the District Board road was settled either with the Gram Panchayat or with the Co-operative Society and on their refusal settlement was made with individuals. For the year 1979-80, 1980-81 roadside flanks shops were settled with Kateya Gram Panchayat on reserved jama of Rs. 851/- and the management of Kateya hat and this roadside shops was managed by the Gram Panchayat. The Zilla parishad held an auction for the year 1981-82, the period starting from 1-4-1981 to 31-3-1982, for Kateya hat for which a sum of Rs. 13,130/- was offered by respondent no. 4 who was the highest bidder. The petitioner (Gram Panchayat) also offered the same amount which was accepted, A copy of the order has been filed along with petition and marked as Annexure '1'. The Deputy Development Commissioner directed the Secretary of the Zila Parishad, respondent No. 2, to finalise the settlement of the road-side flanks shops with respond-dent No. 4 who was the highest bidder. The petitioner appeared before respondent No. 2 and prayed for settlement of the roadside flanks shops in view of the fact that the settlement of the Kateya hat has been made with the Gram Panchayat but respondent No. 2 rejected the prayer of the petitioner and ordered that the settlement should be made with respondent No. 4. A copy of the order dated 9-4-1981 has been filed and marked as Annexure '2'. The petitioner had also relied on a Government letter dated 12-3-1980 that hats and bazars should also be settled with the local Gram Panchayat or the local co-operative Society provided that the Panchayat Officer makes such recommendation. A copy of the letter has been filed and marked as Annexure '5'. Order of Deputy Development Commissioner has been filed in which a decision was taken that the roadside flanks shops should be settled with Manjha Gram Panchayat, which is a different Gram Panchayat. so that there may not be dispute between the parties in collecting tolls. A copy of the order has been filed and marked as Annexure '4'. By notification dated 18th November, 1980, issued by the State Government the properties and functions which were formerly vested in the District Board were transferred to the Zila Parishad and Panchayat Samiti. A copy of that notification has been filed and marked as Annexure '5'. The petitioner has also filed a copy of the petition dated 17-2-1981 (Annexure '6') by which the petitioner had filed an application before the Chairman of the Zila Parishad for the settlement of the road-side flank shops. Similar petitions were also filed on 27-2-1981 and 9-3-1981 before the Chairman and the Zila Parishad Engineer (Annexures '7' and '8'). It has also been stated in the petition that it has been the government policy to settle the hat and the road-side flank shops with one and the same person in order to avoid confrontation and confusion and on that basis settlements from the year 1977 to 1980 were made with the petitioner. It has been submitted. On behalf of the petitioner that whenever vehicles carrying goods entered into Kateya hat and parked on the District Board Road respondent No. 4 compelled the truck or tractor and cart owner and other traders to pay tolls for which there was an apprehension of breach of peace and a proceeding under Section 107 of the Criminal P. C. had to be started. A copy of the petition filed before Officer-in-charge of Police Station has been filed and marked as Annexure '11'. The petitioner has moved this Court for quashing the order as contained in Annexure '2' settling road-side shops in favour of respondent No. 4. The application was admitted on 6-5-1981 and an interim order was passed that during the pendency of the application the Gram Panchayat shall maintain proper accounts.