IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10071 of 2008 SUSHIL KUMAR @ SUSHIL PANDEY S/O LATE MURARI PANDEY, R/O VILLAGE & P.O.-AMNAUR, PS-AURAI, DISTT- MUZAFFARPUR-----------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY/ COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, GOVT. OF BIHAR. 2. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 3. THE COLLECTOR, MUZAFFARPUR 4. THE ADDITIONAL COLLECTOR, MUZAFFARPUR 5. THE S.D.O. MUZAFFARPUR EAST 6. THE DEPUTY COLLECTOR,LAND REFORMS,MUZAFFARPUR EAST 7. THE CIRCLE OFFICER, AURAI, MUZAFFARPUR 8. THE STATION HOUSE OFFICER, AURAI PS,MUZAFFARPUR 9. RAM MANOHAR SINGH S/O LATE RAM LOCHAN SINGH, R/O VILLAGE MADHOPUR PO- ATRAR, PS0 AURAI,MUZAFFARPUR 10. SRI NARAYAN RAY, S/O BIREN RAY R/O VILLAGE- JHITKAHIYA P0- SAHILABALI PS- HATHAURI,DISTT- MUZAFFARFPUR----------------RESPONDENTS ----------- 2 16.11.2009 Heard learned counsel for the parties. No counter affidavit has come to be filed on behalf of the State though the writ application was filed way back in July, 2008. Petitioner has filed the writ application for direction upon the respondent authority of the district of Muzaffarpur to ensure that the license which came to be issued to him by the then Secretary, Agriculture Produce Market Committee, Muzaffarpur to hold cattle fair known as “Amnour Bail Hat” at village Amnaur, Mahrauli within Aurai police station in the district of Muzaffarpur is being disturbed by respondent nos. 9 and 10 who are also holding a cattle fair within half K.M. of the vicinity of the petitioner’s location only with the object of disturbing him from getting the benefit of his returns on the license fee paid by him with the respondents. Submission of learned counsel for the petitioner is - 2 - that vide Licence No. 1/93 and the terms and conditions laid down therein which is annexure-1 the two areas have been specifically assigned where the petitioner was allowed to hold his fair vis-a-vis respondent nos. 9 and 10 but for many other reasons respondent nos. 9 and 10 are taking law in their hands. Petitioner has raised his grievance both before the Divisional Commissioner Tirhut Division, Muzaffarpur and the Additional Collector, Land Reforms, Muzaffarpur East but no action was taken by the concerned authorities. In absence of any counter affidavit filed on behalf of the respondents, the Court would not like to render final decision with regard to the dispute raised by the petitioner. But if the grievance of the petitioner is found otherwise genuine as per the license and terms and conditions laid down therein then the petitioner has right to recover the fee and no other person would be allowed to interfere with the holding of cattle fair within the area indicated in the license. These are the matters which may be looked into by the respondent authority. This writ application is disposed of with a direction upon the Deputy Collector, Land Reforms to examine the grievance of the petitioner with regard to the said cattle fair and if necessary, seek clarification and see that the dispute is sorted out. The respondents will be well advised to take into consideration the subsequent development of abolition of Agriculture Produce Market Committee and the implication of the same on such - 3 - contract or the license awarded earlier. This writ application stands disposed of with the hope that the matter will be acted upon within four months from the date of production or communication of a copy of this order upon the Deputy Collector, respondent no.6. RPS (Ajay Kumar Tripathi,J.)