KESHO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for quashing the decision of the Market Committee dated 7-31991 by which Ram Shahar Cattle Fair falling within the territorial jurisdiction of Arrah Market Committee has been challenged as illegal and without jurisdiction. The said Cattle Fair has been sought to be settled in favour of respondent No. 5, Subh Narain Singh, The settlement has been made pursuant to an auction conducted by the Committee on 7-3-1991 as per its public notice contained in Annexure-2.

(2.) According to the petitioner, he is a permanent resident of village Dewaria in the district of Bhojpur. Admittedly the land over which the aforesaid Ram Shahar Cattle Fair was being held in the past is the raiyati land of Arun Kumar Ojha and some others of village Ram Shahar, District Bhojpur. According to the petitioner on 20-11-1989 a registered partnership deed was executed between the said Arun Kumar Ojha and others and the petitioner, according to which the petitioner became entitled to hold cattle fair on the land for 15 years. Accordingly, the petitioner as per R. 129 of the Bihar Agricultural Produce Market Rules, 1960 (hereinafter referred to as the 'Rules' only) was granted licence for holding Mela on the said raiyati land for the year 1990-91. The licence has been filed as Annexure-5 to the writ application.

(3.) The main question that falls for consideration is whether with respect to the Cattle Fair held on a raiyati land the right to hold the cattle fair and/or to collect market fee can be entrusted by the concerned Market Committee to a person other than the proprietor of the land or any person claiming through him?