SARYUG PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the question of law involved in both these writ petitions were same, they were heard together with the consent of the parties and this common judgment will govern both the cases. C.W.J.C. No. 3722 of 1993.

(2.) This writ application has been filed on behalf of the Petitioners for issuance of a writ in the nature of writ of mandamus or any appropriate order or direction commanding the Respondents to collect the market fee of Amarpur Thana Area Bazar through their own agency and to quash the appointment of collection agent, which is being done pursuant to the notice published in the daily Newspaper Hindustan dated 11.3.1993, contained in annexure '2' and notice dated 18.3.1993, contained in annexure '3'. It has also been prayed that the Respondents authorities be commanded not to hold any further auction of the aforesaid Bazar besides seeking declaration that appointment of collection agent of the said Bazar through auction dated 29.3.1993 in the teeth of letter dated 28.2.1992, contained in annexure '9' and is highly arbitrary and illegal.

(3.) In short, the case of the Petitioners is that Petitioner No. 1 is a licenced trader of Barahat Agricultural Market Committee, Petitioner No. 2 is a member of the said Committee, besides Petitioner No. 4 being a social worker, Petitioners Nos. 3 and 4 are farmers. All the aforesaid Petitioners claim that they transact and perform their business in Amarpur Thana Area Bazar. According to the Petitioners, earlier the market fee of Amarpur Bazar used to be collected by the agent of the Market Board and not through collection-agent appointed through auction of the said Bazar. The Petitioners claim that there are more than 50 licenced traders operating, transacting and performing their business in the Amarpur Thana Area Bazar and that the Bazar is a well managed and regulated Bazar and directly linked by pucca road to Barahat Market headquarters.