IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6146 of 2008 RAM EQBAL YADAV Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Pushkar Narain Shahi, Mr. Pankaj Kumar Singh For the State : Mr. Manoj Kumar Jha, J.C. to G.A.1 For the Respondent Nos 5 & 8 : Mr. B.K. Singh Chouhan 05 21.08.2008 Heard. The petitioner has come to this Court against the steps being taken by the Sub-divisional Officer-Cum-Special Officer, Buxar Market Committee (dissolved) to make a fresh settlement of ground rent collection rights in respect of Raghunathpur Revenue Hat held in the district of Buxar. Petitioner challenges that the respondent-Sub- divisional Officer-Cum-Special Officer had no authority to do so, as the same had already been after issuance of public notice settled to the petitioner. Respondent Nos. 5 is the S.D.O.-Cum-Special Officer, Buxar Market Committee (dissolved) and Respondent No. 8 is the dissolved Market Committee through S.D.O.-Cum-Special Officer. Counter affidavit has been filed by respondent Nos. 5 and 8, who are none other than the Sub-divisional Officer-Cum-Special Officer in respect of the Buxar Agriculture Produce Market Committee (now defunct). A rejoinder, thereto, has been filed and with consent of parties the writ application is being disposed of at the stage of admission itself. The facts in brief are as under noted. At Raghunathpur in the district of Buxar a cattle fair is held. Being a cattle fair, its regulation - 2 - originally vested under the jurisdiction of the Buxar Agriculture Produce Market Committee constituted under the Bihar Agriculture Produce Market Act, 1960, and the Rules framed, thereunder. It was the said Market Committee, which used to settle right of collection of ground rent, therein, in terms of Rule 129 of the Rules under which it was licensed. The Bihar Agriculture Produce Market Act, 1960 was repealed in the year 2006, by repealing Act The Bihar Agriculture Produce Market Repealing Act, 2006. The State government, then, decided that all properties of the Market Committees would now, as consequence of vesting in State Government upon repeal of the Act be managed by Special Officer and so far as properties of the Buxar Marketing Committee is concerned, the Sub-divisional Officer was designated as the Special Officer. The State, then, decided that all the markets and fairs, which were under the regulation of the Market Committee, would henceforth revert back to the Revenue Department and be dealt with, accordingly. Petitioner’s case is that as per Annexure- 3, the Special Officer, Buxar vide his Memo No. 195 dated 31.07.2007 intimated to the Anchal Adhikari, Buxar of the various Hats that were being reverted from Market Committee to the Revenue Department under their charge. Petitioner’s further case is that it is consequent thereto and pursuant to the directions of the Collector of district that Anchal Adhikari then took charge and notified, inter alia, Raghunathpur Revenue Hat for the purposes of settlement for collection of ground rent. Pursuant to notice having been issued, petitioner succeeded in getting the settlement and accordingly a Parwana was issued to him. - 3 - Subsequently, a parallel process was started by the respondent-Sub- divisional Officer-Cum-Special Officer on the ground that he had still not given up the charge of the said Hat and he was still competent to do so and make fresh settlement. He has persisted with his stand and thus materially and adversely affecting petitioner, the Petitioner approached this Court. In my view, the writ application must succeed and respondent nos. 5 and 8 being Sub-divisional Officer-Cum-Special Officer, Buxar has to be restrained from interfering in the matter, at any stage. Under the provisions of the Markets Act, the Market Committee was only regulatory authority for the market or fair as agricultural produce was traded therein. They had not become proprietor or owner of the fair. As an adjunct to regulation of market and fair in terms of the Rules framed, thereunder, they had right to get ground rent collected (referred to Rule 129 of the Rules), this did not give them any right over the market and fair except that by virtue of Section 4 of the Act read with Rule 129 of the Rules no person could hold the Hat or Mela except and in accordance with licence granted by the Market Committee. Thus, to say, once Act was repealed the Sub-divisional Officer-Cum-Special Officer retain the right in respect of Raghunathpur Mela, till, it was formerly transferred to the State Revenue Department, is wholly misconceived. No right survived which would pass to Sub- divisional Officer-Cum-Special Officer to collect ground rent. A right which vested in State from beginning to end and the Market Committee was only authorized to collect the same as an agent of the State, as an - 4 - adjunct to the licence granted by it under the Act. Once, the Market Committee stood statutorily dissolved, nothing was left for the Special Officer to do in the matter and the right revested in the State and thus Circle Officer was fully authorized to do so. The Hat/Mela was not the property of erstwhile Market Committee. It not being property of erstwhile Market Committee, nothing vested to the care of the said Special Officer who is merely custodian of properties of Market Committee. Erstwhile Market Committee was merely statutory licensing authority under Markets Act and Rules framed thereunder but once the Act and Rules were repealed the authority to licence also stood withdrawn and/or repealed. He is thus, restrained from interfering with the said matter, as a Special Officer. The settlement as made by the Circle Officer in favour of the petitioner is thus valid and binding and cannot be interfered with nor can respondent-Sub-divisional Officer- Cum-Special Officer even though authorize to look after the property of erstwhile Market Committee lacks authority and/or jurisdiction to make any such settlement or have any say in the matter. With these directions and observations, the writ application stands allowed. Trivedi/ (Navaniti Prasad Singh,J.)