PNADEEP KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these three petitions under Article 226 of the Constitution, disputes have been raised over settlement of Buxar Municipal Markets, known as Gandhi Bazar Nagarpalika Hat and Ambedkar Hat for the year, 1998. -99. Since these cases have been heard together, they are being disposed of by a common order with consent of the parties at this stage itself.

(2.) CWJC No.2703 of 1999 has been filed on behalf of Pradeep Kumar Roy challenging the notice dt. 5.3.1999 whereby, the Secretary, Agricultural Produce Market Committee, Buxar, in short the 'Market Committee' notified the Bazar in question for appointment of collecting agent under Rule 82(v) of the Bihar Agricultural Produce Markets Rules, 1975, in short the 'Rules', for collection of market fee on agricultural produce, brought and hold in the market areas and also for quashing the order of settlement which have been passed during pendency of this case.

(3.) CWJC No.3683 of 1999 is on behalf of the Agricultural Produce Market Committee and others for an appropriate writ or direction to restrain the Buxar Municipality and the Special Officer from collecting tolls and rent within the area of Buxar Municipality, which was already notified under sec. 3(1) of the Bihar Agricultural Produce Market Act, 1960, in short the 'Act'. Third writ petition (CWJC No. 3901 of 1999) is by the Buxar Municipality itself through the Special Officer for a declaration whether the Market Committee will have any jurisdiction to take steps under Rule 82(v) to appoint collecting agent for collection of market fee with respect to the markets in question unless the application for grant of licence under Rule 129 of the Rules was disposed of and whether the Market Committee has the authority to settle/appoint a collecting agent to regulate Bazar/Hat held on the land of the Municipality.