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