SHASHIDHAR PRASAD Vs. STATE OF JHARKHAND,

JUDGEMENT

(1.) MR . Anil Kumar, learned Counsel appearing for the Petitioner submitted that Karma Hat which was a Nizi Hat of the Petitioner was settled in his favour on 31.03.2008 for the purpose of collecting market fee on behalf of the market committee, but after a few days i.e. on 03.04.2008, the Petitioner was directed not to realise market fee on the ground of alleged breach of peace. He further submitted that the said Hat was being settled to the Petitioner for a long time. He further submitted that only 50 decimal of land was gifted for running the school out of total area of 2.27 acres.

(2.) MR . Singh, learned senior counsel appearing for the market committee referred to paragraph 4 C of the counter affidavit which reads as follows:

(3.) THERE appears to be some dispute between the school and the Petitioner over the right to hold and run the Hat. It further appears that there was apprehension of breach of peace. In such circumstances, market committee was justified in directing the Petitioner not to proceed with the realisation of market fee till the parties get their rights decided by competent civil court.