S. KUMAR, J.:–This case was dismissed for default due to nonprosecution on 1.9.2022 and same was restored by order dated 27.09.2022, passed in M.J.C. No.1885 of 2022 and on that date, the writ petition was also heard on merit and judgment was reserved for its pronouncement today. However, learned counsel for the petitioner insisted that the writ petition be re-heard and accordingly, learned counsel for the petitioner and learned counsel for the State were heard today.

2. Petitioner has prayed for the following relief(s):—

“That the present writ application is being filed for challenging the order dated 07.02.2020 passed by Secretary, Agriculture Department, fully contained in Memo No. 180 whereby and whereunder the representation filed by the petitioner in response to order dated 09.01.2018 passed in C.W.J.C. No. 20317/2016 was dismissed on the ground that there is no policy with regard to settlement of weighbridge in Bihar Agriculture Produce Market (Repeal Act 2006) and presently no decision will be taken by the State Government on the individual proposal for settlement of the land.”

3. Petitioner had earlier approached this Court for similar relief by filing C.W.J.C. No. 20317 of 2016 which was disposed of on 09.01.2018 with a direction to the Agriculture Production Commissioner, Government of Bihar to consider and dispose of petitioner’s representation in accordance with law preferably within eight weeks after granting opportunity of hearing and accordingly petitioner represented before the competent authority, however, as the post of Agriculture Production Commissioner was vacant, as such, order dated 07.02.2020 was passed by the Secretary, Department of Agriculture, Government of Bihar after grating reasonable opportunity of hearing, by which representation of petitioner was dismissed and against which present writ petition has been filed challenging the order dated 07.02.2020 passed by Secretary, Department of Agriculture, Government of Bihar.

4. Briefly stated, the facts of the case is that tender was invited for installation of computerized weighing bridge of 60 ton capacity by Marketing Secretary, Agriculture Produce, Marketing Committee, Gulab Bagh, Purnea, which was published on 28.09.2005 in local news paper, in which bidder had to submit certificate of matriculation, residential certificate issued by BDO/CO/SDO, character certificate issued by local police station, fitness certificate by a registered Medical Officer and passport size photographs. Sanjay Kumar Sah (petitioner) submitted his tender paper without character certificate and residential certificate, however, subsequently he submitted the required certificate.

Petitioner was the sole tenderer.

5. In a meeting held on 24.12.2005 by Agriculture Produce Marketing Committee, Gulab Bagh, Purnea, a resolution was adopted to install computerized weighing bridge of 60 ton capacity in the main market yard, for which 3 kathas of land was required, which was to be given on lease, on payment of rent and said proposal was sent for approval to Bihar State Agriculture Marketing Board, Patna vide letter dated 17.01.2006, however, said proposal was returned back and it was directed to initiate fresh process for awarding contract by re-publication of the tender notice, for allotment of land on lease on payment of rent for installation of computerized weighing bridge and few applications were also sent which were pending before the Bihar Agriculture Produce Marketing Board, Patna for considering such applications also for installation of computerized weighing bridge.

6. The learned Secretary in his order as impugned in this writ petition has held that the Bihar State Marketing Board, Patna had refused to accept the proposal of the Marketing Committee, Gulab Bagh, Purnea and had directed for initiation of fresh process for awarding contract by re-tendering for installation of computerized weighing bridge in the marketing yard for which 3 kathas of land was to be let out on lease