G.C.BHARUKA, J.

1. The present writ application has been filed for quashing the decision of the Market Committee dated 7-31991 by which Ram Shahar Cattle Fair falling within the territorial jurisdiction of Arrah Market Committee has been challenged as illegal and without jurisdiction. The said Cattle Fair has been sought to be settled in favour of respondent No. 5, Subh Narain Singh, The settlement has been made pursuant to an auction conducted by the Committee on 7-3-1991 as per its public notice contained in Annexure-2.

2. According to the petitioner, he is a permanent resident of village Dewaria in the district of Bhojpur. Admittedly the land over which the aforesaid Ram Shahar Cattle Fair was being held in the past is the raiyati land of Arun Kumar Ojha and some others of village Ram Shahar, District Bhojpur. According to the petitioner on 20-11-1989 a registered partnership deed was executed between the said Arun Kumar Ojha and others and the petitioner, according to which the petitioner became entitled to hold cattle fair on the land for 15 years. Accordingly, the petitioner as per R. 129 of the Bihar Agricultural Produce Market Rules, 1960 (hereinafter referred to as the Rules only) was granted licence for holding Mela on the said raiyati land for the year 1990-91. The licence has been filed as Annexure-5 to the writ application.

3. The main question that falls for consideration is whether with respect to the Cattle Fair held on a raiyati land the right to hold the cattle fair and/or to collect market fee can be entrusted by the concerned Market Committee to a person other than the proprietor of the land or any person claiming through him?

4. Sec. 4(2) of the Bihar Agricultural Produce Market Act, 1960 reads as follows:-

"On and after the date of publication of the notification under sub-sec. (1), or such later date as may be specified therein, no municipality or other local authority, or other person, notwithstanding anything contained in any law for the time being in force, shall, within the market area, or within a distance thereof to be notified in the official Gazette in this behalf, set up, establish, or continue, or allow to be set up, established or continued, any place for the purchase, sale, storage or proceeding of any agricultural produce so notified, except in accordance with the provisions of this Act, the rules and bye-laws."

5. Further, as is evident from the definition of Agricultural Produce given under S. 2(1)(a) of the Act read with Item No. 3 of Part VIII of the Schedule, cattle are also agricultural produce for the purpose of the Act and those have also been notified for the respondent Market Committee. Therefore, in view of S. 4(2) of the Act Cattle cannot be sold or purchased except in accordance with the provisions of the Act. Cattle Fairs are primarily held in villages and rural areas to facilitate agriculturists and the villagers to sell or purchase the Cattle. R. 29 of the Rules, inter alia, provides that no person within the market area can set up, establish or continue any place for the purchase and sale of notified agricultural produce except under and in accordance with the terms and conditions of the licence in Form XX issued in this behalf by the Market Committee.

6. Therefore, in view of the aforesaid legal provisions neither raiyats nor persons claiming through them can set up cattle fair for the purpose of sale and purchase of cattles unless they obtain the licence as required under R. 129 of the Rules. It is also clear from the provisions of the Act that the Market Committee has no authority to either itself set up any cattle fair on the private land of the raiyats nor it can authorise any other person by any mode to set up any such cattle fair on such raiyati lands.

7. The second important aspect is that under S. 27 of the Act the Market Committee has been authorised to levy and collect market fee at the rate of 1% on the sale-purchase of notified agricultural produce. Sub-