BASHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for respondent no. 1, and learned counsel for respondent nos. 2 to 4. As many as 12 petitioners have joined this writ petition. The petitioners were appointed as collecting agents for collecting market fee for Bakhtiyarpur Marketing Yard for the period 1.4.2002 to 31.3.2002. Sample of one such agreement is marked Annexure 8 to the petitioners ' supplementary affidavit, and the consequential order dt. 31.3.2001 marked Annexure 1 to the writ petition.

(2.) THIS writ petition is directed against general notice (Annexure 5), published on 3.2.2002 in the Hindustan, a Hindi daily whereby the Market Committee, Barh, has inter alia, notified Bakhtiyarpur Fal Sabzi Bazar for settlement as collecting agent(s) at the auction to be held on 21.2.2002. The same further states that in case the auction is not completed with respect to all the items mentioned therein on 21.2.2002, then auction for the remaining items shall be held on 28.2.2002 at 11 A.M. The writ petition is further directed against the general notice dt. 21.2.2002 (Annexure 11), whereby it has been notified that the auction with respect to the item(s) shall be held on 28.2.2002 at 11 AM in the Committee 'soffice at Barh.

(3.) LEARNED counsel for the respondents submits that it is not a case of premature termination of the agreement with the petitioners. Therefore, the reported judgment is of no avail to them. He further submits that the petitioners have no right of renewal. This issue is governed by the provisions of Rule 82(v) of the Bihar Agricultural Produce Market Rules, 1975, which procedure is being meticulously followed.