====================================================== M/s Md. Ahmad Mumtaz Ahmad, son of Md. Jainul Ahmad, Shop No. 58 v. 1. The Bihar State Agricultural Marketi
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1854 of 2011 In Civil Writ Jurisdiction Case No. 7566 of 2005 With Interlocutory Application No.8301 of 2011 With Interlocutory Application No.8507 of 2011 In Letters Patent Appeal No.1854 of 2011 ====================================================== M/s Md. Ahmad Mumtaz Ahmad, son of Md. Jainul Ahmad, Shop No. 58, Principal Market Yard, Agricultural Produce Market Committee, Patna through its Proprietor Mumtaz Ahmad, P.S.-Sultanganj, District - Patna .... .... Petitioner-Appellant Versus 1. The Bihar State Agricultural Marketing Board through its Administrator, Pant Bhawan, Bailey Road, Patna. 2. The Administrator, the Bihar State Agricultural Marketing Board, Pant Bhawan, Bailey Road, Patna. 3. Agricultural Produce Marketing Committee, Patna through its Special Officer. 4. The Special Officer, Agricultural Produce Marketing Committee, Mussalahpur, Patna. 5. State of Bihar through Agriculture Production Commissioner, Government of Bihar, Patna. .... .... Respondents-Respondents 6. Hassan Imam, S/o Md. Hussain Pahalwan, resident of Mohalla- Khajekala, P.S.-Khajekala, (Patna City), District-Patna, Proprietor of M/s Hassan & Company in the premises of Krishi Utpadan Bazar Samiti, Musallahpur, Patna ====================================================== ….. …. Writ Petitioner-Respondent With 2
Legal Reasoning
Patna High Court LPA No.1854 of 2011 (10) dt.22-11-2013 2 / 5 Letters Patent Appeal No.26 of 2012 In Civil Writ Jurisdiction Case No.11651 of 2006 ====================================================== Md. Goush Alam Shoaib Alam through its Proprietor Md. Shoaib Alam, S/o Md. Mohit Alam at Data Mazar Pirbahore, in front of Patna University Library, Ashok Raj Path, Patna, P.S.- Pirbahore, District - Patna, at present running his business of fruits at Mussalahpur Agricultural Produce Marketing Yard, Mussalahpur, in the town and district of Patna. .... .... Petitioner-Appellant Versus 1. The State of Bihar. 2. The Bihar State Agricultural Marketing Board, through its Managing Director Pant Bhawan, Bailey Road, Patna. 3. The Managing Director, Bihar State Agricultural Marketing Board, Patna. 4. The Agricultural Produce Marketing Committee, Mussalahpur, Patna, through its Secretary. 5. The Administrator, the Bihar State Agricultural Marketing Board, (Dissolved). 6. Special Officer, Agricultural Produce Market Committee, Mussalahpur, Patna. ====================================================== .... .... Respondents-Respondents With Letters Patent Appeal No.152 of 2012 In Civil Writ Jurisdiction Case No. 6799 of 2006 ====================================================== S. Zahid Hussain & Brothers through its proprietor Arif Hussain son of Late Sharafat Hussain, resident of Mohalla-Katra Mandi (Sultanganj), P.S.- Sultanganj, District-Patn. .... .... Petitioner-Appellant Versus 1. M/S Ahmad Mumtaz Ahmad, Shop No. 58, Principal Market Yard, 3 Patna High Court LPA No.1854 of 2011 (10) dt.22-11-2013 3 / 5 Agriculture Produce Marketing Committee, Mussalahpur, Patna through its Proprietor. 2. State of Bihar through Agricultural Production Commissioner, Government of Bihar, Patna. 3. Administrator, Bihar Agriculture Marketing Board, Patna. 4. Special Officer, Agriculture Produce Market Committee, Mussalahpur. .... .... Respondents-Respondents ====================================================== Appearance : (In LPA No.1854 of 2011)
Legal Reasoning
For the Appellant : Mr. S.B.K. Manglam, Advocate Mr. Ravi Ranjan, Advocate Mr. Chandan, Advocate For the Respondent-State: Mr. Biresh Kumar Sinha, A.C. to AAG-2 For the Respondent No. 6 : Mr. Abbas Haider, Advocate Mr. Ranjay Kumar Singh, Advocate (In LPA No.26 of 2012) For the Appellant : Mr. K.N. Choubey, Sr. Advocate Mr. Mrityunjay Kumar Tiwary, Advocate (In LPA No.152 of 2012) For the Appellant : Mr. Satish Chandra Mishra, Advocate Mr. Md. Nurul Hoda, Advocate For the Respondent No.1: Mr. S.B.K. Manglam, Advocate For the Respondent-State: Mr. Md. Anis Akhtar, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10. 22-11-2013 These three Appeals preferred under Clause 10 of the Letters Patent arise from the common judgment and order dated 14th November 2011 passed by the learned single Judge 4 Patna High Court LPA No.1854 of 2011 (10) dt.22-11-2013 4 / 5 insofar as C.W.J.C. Nos. 7566 of 2005, 6799 of 2006 and 11651 of 2006 have been dismissed. The matter at issue is the allotment of Shop No.58 in the Market Yard of the Bihar State Agriculture Produce Market Committee, Musallahpur, Patna. The allotment of the said shop was initially made in favour of one S. Zahid Hussain, petitioner in C.W.J.C. No. 6799 of 2006. The same came to be cancelled on the premise that the licensee S. Zahid Hussain had failed to pay the licence fee and to do business in the said shop. Instead, the said licensee had sublet the shop. The learned single Judge has rejected the claim of
Decision
the writ petitioner in C.W.J.C. No. 6799 of 2006 on the premise that although he had been given the licence for shop no.58, since 2004 he had neglected to pay the rent or to continue the business. Contrary to the terms of licence, he had sublet the shop. The allotment of the said shop no.58 to the petitioner in C.W.J.C. No. 7566 of 2005 made in December 2004 has been cancelled in June 2005 on the premise that the said allotment was made out of turn bypassing other 29 applicants above the writ petitioner. The learned single Judge has rejected the claim made by the writ petitioner in C.W.J.C. No. 7566 of 2005 and upheld the cancellation of licence given to him for Shop No.58 on the premise that he had been allotted the said shop out of turn. The writ petitioner in C.W.J.C. No. 11651 of 2006 made the claim that he was the first applicant for allotment of shop as early as in 1988-89. According to the said writ petitioner, he had obtained licence to do business in the Market Yard as early as in 1978-79. He being the first licencee, he had the first 5 Patna High Court LPA No.1854 of 2011 (10) dt.22-11-2013 5 / 5 right to allotment of shop. He had made application for allotment of shop no.58 in 1988-89. Claim of the writ petitioner in C.W.J.C. No. 11651 of 2006 is rejected on the ground that although the writ petitioner may have been the first licensee, he could not prove application for allotment of shop allegedly made by him in 1988-89. The first ever application he could prove was that of 2006, after the Market Committee was dissolved under the Repeal Act of 2006. The learned single Judge has also observed that the allotment of the shops was made on the basis of the date of the application in chronological order and not from the date of the licence. The learned single Judge has recorded detailed facts and has given cogent reasons for rejecting the aforesaid writ petitions. In our opinion, the Appeals are devoid of any merit. Appeals are dismissed in limine. Interlocutory Applications stand disposed of. (R.M. Doshit, CJ) Pawan/- (Ashwani Kumar Singh, J)