LAL CHAND PANNA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER No. 1, M/s Lal Chand Panna Lal is a firm and petitioner No. 2 is its Proprietor, petitioner No. 1 had applied for allotment of Shop -cum -Godown before Secretary, Agriculture Produce Market Committee (hereinafter to be referred to as "the Market Committee"). The shop -cum -Godown No. 3 was allotted on monthly rental of Rs. 100 per month to the petitioner in campus of the Market Committee on 10.5.1986. The petitioner Came in possession over the allotted shop -cum -Godown. The rent was subsequently enhanced to Rs. 150.00.

(2.) PETITIONERS case is that due to some disturbance and criminal activities it could not carry out its business properly and due to this rent of the allotted shop remained due for some period. The petitioner No. 2 filed an application before the Secretary, Market Committee for accepting due rent and through cheque No. 943792 dated 4.9.1990 payment was made. This payment was accepted and duly communicated by the Secretary, Market Committee to the Committee and a certificate was also issued in this regard. Further case of the petitioner is that thereafter he continued to deposit up to date monthly rent upto March, 1992 and receipts were duly granted by the Market Committee. The Market Committee was not maintaining the Shop -cum -godown properly. Inspite of several complaints made by tee petitioners no action was taken by the respondents for repair/renovation of Godown -cum -shop. As a result the petitioners closed the shop and gave information to the Secretary, Market Committee by letter dated 28.11.1997 that owing to dilapidated condition of the said shop the shop is being closed. The petitioner also made a prayer for allotment of some other workable place and small shop fromwhere he could do his business, till the allotted shop is repaired. Though petitioner was allotted small shop No. 5 in the market yard on monthly rental of Rs. 96.00. But, petitioners case is that then the allotment reminded on paper, in fact, possession was never handed over to him and he could never do his business from the small shop No. 5.

(3.) COUNTER affidavit has been filed on behalf of the Market Committee where it has been stated that the certificate was correctly signed by the Certificate Officer. The demand by the Certificate holder was good as it is within the purview of Public Demand as mentioned under Sec. 43 of the Bihar Agricultural Produce Markets Act. The dues of the Market Committee comes within the definition of Public Demand under Sec. 3(6) read with Schedule -I of the P.D.R. Act. It has also been stated that the petitioner was allotted the shop -cum -godown on monthly rental of Rs. 175/ -. By Boards order, vide letter No. 5918 dated 22.9.1988 rent of the shop -cum -Godown was enhanced w.e.f. September, 1988 and fixed @ Rs. 1/ - per square feet. This comes to the tune of Rs. 592/ - per month. Accordingly the demand was made by the Market Committees. The petitioner used to pay monthly rental at the rate of Rs. 175/ - only which was not adequate. The difference of arrear of rent are dues which can be realised as public demand. The period of dues relates to 10.5.1986 to August, 1988 at the rate of Rs. 175/ - per month and from September, 1988 to November, 1997. at the rate of Rs. 592/ - per month. Total amount was Rs. 4900/ - and Rs. 65,712/ - respectively.