JUDGMENT:

Narendra Nath Tiwari, J.: Whether the land belonging to the Agriculture Produce Market Committee, adjoining the Agriculture Market Yard, can be used and leased out for non-agricultural business is the point needs to be answered in this writ petition?

2. The brief facts, giving rise to the said controversy between the traders of the Market Yard, Garhwa and the Agriculture Produce Market Committee, Garhwa (hereinafter to be referred as the ‘Market Committee’) are as follows:-

(i) The Market Committee decided to construct 60 shops, facing road side of the Market Yard, Garhwa, to be allotted to the beneficiaries under the Self Finance Scheme for non-agriculture trade. The members of the petitioner, who have got their shops in the Market Yard, Garhwa for business of agriculture produce raised objection by filing their representation before the authorities of the Market Committee and other concerned authorities.

(ii) The Managing Director, Jharkhand State Agriculture Produce Marketing Board, Ranchi by its Memo no.95 dated 28th January, 2006 stayed the construction of the said shops and directed the Market Committee to consider the representation of the petitioner and take a decision afresh.

(iii) By Resolution No.5 dated 6th July, 2007, the Market Committee revised the earlier decision and decided to construct 106 shops under the said scheme and allotted the same to the persons for business of non-agriculture produce. It is relevant to mention that the points raised in the petitioner’s representation were not considered.

(iv) The Market Committee partially modified its earlier decision by resolution dated 10th December, 2007, stating that the shops will be constructed parallel to Majhiaon Road. The same was circulated by Letter No.991 dated th December, 2007.

(v) The said resolution was, thereafter, sent to the Managing Director, Jharkhand State Agriculture Produce Marketing Board, Ranchi for concurrence, who also approved the said decision by his order dated 28th December, 2007.

3. The petitioner has sought to challenge the said resolutions of the Market Committee dated 6th July, 2007 and 10th December, 2007 as also the order of the Managing Director, Jharkhand State Agriculture Produce Marketing Board dated th December, 2007 in this writ petition.

4. According to the petitioner, the said decision of the respondents to construct 106 shops in the agriculture Market Yard allotting the same to the persons for non-agriculture business is wholly arbitrary and violative of provisions of the Jharkhand Agriculture Produce Markets Act, 1960 (hereinafter to be referred as ‘the said Act’) and the Rules framed thereunder. Non-agriculture trade and business in or adjoining area of the market yard would adversely affect the petitioner’s business of market produce and would be against the interest of the farmers and traders. It would also give rise to mal-practices of common market including emergence of middleman and exploiters against the object and purpose of the said Act. The Market Committee, which is the creature of the said Act, has no jurisdiction to take any decision for establishing any shop for doing business of non-agriculture articles and that too within or adjacent to the specified market yard and the said decisions are contrary to the provisions of the Act and its object and letter and spirit, are illegal and tainted with bias and mala fide.

5. The respondents contested the writ petition and refuted the said contentions in their counter affidavit. It has been, inter alia, stated that the members of the petitioner have been operating their business in Principal Market Yard and are not in any way prejudiced or affected by the construction and allotment of shops for non-agriculture business under the Self Finance Scheme facing road side of the Market Yard. After the decision and approval of the scheme several persons have applied and deposited money pursuant to the advertisement regarding allotment of the shops for non-a