VIJAY SEN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE controversy in this case relates to grant of licence for holding cattle fair on a piece of private land under Rule 129 of the Bihar Agricultural Produce Markets Rules, 1975. And counting the Letters. Patent Appeals separately, this is the eighth round of litigation before this Court within a period of less than four years.

(2.) THIS writ petition is filed against the order dated 24.1.2003 (Annexure -1) passed by the Managing Director, Bihar State Agricultural Marketing Board, Patna (hereinafter referred to as &aposthe Board&apos) in Appeal Petition No. 3/2002 U/R 129(V) by which he rejected the petitioner&aposs appeal and affirmed the order, dated 5.6.2002 (Annexure -1/1) passed by the Market Secretary, Agriculture Produce Market Committee, Mohania (hereinafter referred to as &aposthe Market Committee&apos), rejected the petitioner&aposs application for grant of licence for the year 2002 -2003 for holding cattle fair on his raiyati land in terms of Rule 129 of the Market Rules.

(3.) THE District Magistrate forwarded the report of the Additional Collector to the Board. No action, however, was taken against the petitioner on the basis of the Additional Collector&aposs report and the Managing Director of the Board asked the Director, Marketing to further enquire into the matter. The Director, Marketing inspected the site on 17.5.1999 and submitted his report in which he confirmed all the findings of the Additional Collector, as noted above. On the basis of the report of the Director the petitioner&aposs licence was suspended by the Market Secretary for one month from 24.6.1999. The petitioner made a representation against the order of suspension which was dismissed by the Market Secretary and his appeal against that order was also dismissed by the Managing Director of the Board on 13.7.1999.