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1991 Supreme(Pat) 31

R.N.PRASAD, S.ALI AHMAD
Ramji Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Prayer in this application is to quash the assessment orders passed on 17-5-1988 vide Annexures 3, 3 /A and 3/ B for the years 1982-83, 1983-84 and 1984-85 respectively. The assessment orders were passed by Mr. R. K. Srivastava, I.A.S., Special Officer of respondent-Market Committee. They have been challenged inter alia on the ground that Sri Srivastava, who was the special officer of the respondent-Market Committee was not empowered under S. 9(5) of the Bihar Agricultural Produce Markets Act, 1960 to make any order of assessment. It is said that Market committee was constituted by Annexure-5 dated 12-3-1983 and on account of lapse of lime it ceased to exist on 12-9-1986. Thereafter one Sudhir Kumar Rakesh, Sub-Divisional Officer, Bettiah was appointed as Special officer of the Committee for the period beginning from 6-10-1986 to 11-3-1987 vide Annexure-5A. There was another notification issued appointing the same officer for the period beginning from 12-3-1987 to 11-9-1987 Vide Annexure-5B. The third notification issued under S. 9(5) of the Bihar Agriculture Produce Market Act (hereinafter to be referred to as th Act appointing Mr. Ravindra Kumar, Sub-Divisional Officer

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