HARI LAL AGRAWAL, J.

1. The petitioner is a trader in foodgrains and is a licensee under the Bihar Agricultural Produce Markets Act, 1960 , (hereinafter referred to as the Act). He has challenged the order of assessment of market fee for the years 1979-80, 1980-81 and 1981-82 passed by one composite order dated 3-7-1982 (Annexure 1),by the Sub-Divisional Officer, Sadar, Purnea, appointed as Administrator under the provisions of sub-sec. (5) of Section 9 of the Act, of the Agricultural Produce Market Committee, Banmankhi, on the dissolution of the Market Committee on account of the expiry of its tenure as provided under the Act, as well as its Secretary. By this order an amount of Rs. 8065.90 was assessed as market fee by way of best judgment assessment on taking the total turnover of the petitioner at Rs. 7,21, 590.00 for all the three years.

2. In the counter-affidavit filed on behalf of respondent No. 3, the position of the Assessment Sub-Committee has been admitted in paragraph 15 in these words :

" ... ... ... While superseding the Market Committee the Assessment Sub-Committee also was automatically superseded ........."

After making this statement it has been asserted