IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13166 of 2010 MD.KALIM, son of late Md. Lukman, resident of Mohalla- Milki, Police Station, Arrah town, District- Bhojpur, proprietor M/s. Kalim Fruit Company, main market premises, Agricultural Produce Market (Dissoslved), Arrah….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Bihar Agricultural Marketing Board, Patna through its Managing Director. 3. The Managing Director, Bihar Agricultural Board, Patna. 4. The District Magistrate, Bhojpur. 5. The S.D.O.-cum- Special Officer, Agricultural Produce Market (dissolved), Arrah (Bhojpur)…. Respondents. ----------- 2. 25.8.2010 Learned counsel for the petitioner states that the petitioner is prepared to deposit the entire arrears of Rs. 1,03,157/- as demanded by the impugned order dated 28.5.2010 (Annexure-1) passed by the S.D.O.-cum-Special Officer, Agricultural Produce Market (Dissolved), Arrah in three instalments, the first of which be paid within fifteen days from today and the other two within further periods of one month each respectively. By the impugned order, the S.D.O.-cum- Special Officer, Agriculture Produce Market (Dissolved) Ara has directed the petitioner to pay the aforesaid arrears within one week, failing which steps would be taken to recover the said amount and allotment of Shop No.29 allotted to him in the Market Committee would also be treated as - 2 - automatically cancelled. On a consideration of the fair offer made by Mr. Abdul Manan, learned counsel appearing for the petitioner along with Mr. Najmul Hoda, Advocate, it is directed that if the petitioner deposits an amount of Rs. 35,000/- on or before 9.9.2010 and further amount of Rs.35,000/- on or before 9.10.2010 and the remaining amount of Rs. 33,157/- by 9.11.2010, then no effect shall be given to the order dated 28.5.2010. On failure of the petitioner to deposit any of the instalments within the due date, the impugned order dated 28.5.2010 shall automatically revive. The writ application is, accordingly, disposed of in terms of the aforesaid directions. The order has been passed in the presence of Mr. B.K. Singh Chauhan, learned counsel for respondent No.5, S.D.O.-cum- Special Officer, Agricultural Produce Market (Dissolved), Ara. VPS ( Ramesh Kumar Datta, J. )