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2001 Supreme(Pat) 1098

S.K.KATRIAR
Madhuban Virat Pashu Mela Akorhi – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.Katriar, J.

1. This writ petition is directed against the order dated 18-7-2001 (Annexure-1), passed by the Managing Director of the Bihar State Agricultural Marketing Board (respondent No. 3), in Appeal Petition No. 2 of 2000, under Sec. 129(V) of the Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as "the Act"). The appeal was directed against the order dated 21 -9-2000 (Annexure-28), passed by the Secretary, Agricultural Produce Market Committee, Mohania (respondent No. 12), whereby the application of respondent No. 15 (Vijay Sen Singh) to hold a cattle fair known as Vijay Virat Pashu Mela on his Raiyati land for the period 2000-2001 was rejected.

2. Respondent No. 15 was earlier granted licence for holding Mela for sale and purchase of cattle since 1-10-1996 on his Raiyati land bearing plot Nos. 323 & 324, Khata No. 173. Respondent No. 15 was granted licence to hold the Mela for three days a week namely, Friday, Saturday and Sunday, apart from six occasions every year between the period 1-4-1999 for 31-3-2000. There was allegation against him that he was holding the Mela for more than the permissible days and was depriving the Committee of its l























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