JUDGMENT

S.B. Sinha, J.-The Appellant Talcher Municipality constructed a market purported to be in exercise of its power conferred upon it under Section 295 of the Orissa Municipal Act, 1950. The control of the said market is vested in the Municipal Council in terms of Section 296 thereof. Agricultural produces within the meaning of provisions of the Orissa Agricultural Produce Markets Act, 1956 (for short "the Act") are bought and sold in the said market.

2. The Respondent-Market Committee sent a requisition dated 13.2.1996 to the Executive Officer of the Appellant stating therein that as it was in possession of the said market where agricultural produces were being bought and sold it was liable to transfer the same in terms of Sub-section (4) of Section 4 of the Act. A similar request was made to hand over the Hat and the land situated at Angarua in terms of a letter dated 19.7.1996.

3. The Appellant having failed and/or neglected to comply with the said statutory requisition, the respondent herein filed a writ petition before the High Court of Orissa praying for a direction upon the appellant for transferring its weekly market popularly known as Jajangi Weekly Market. By reason of