JUDGMENT

H.C.P. Tripathi, J. - Samthar was formerly the capital of an Indian State which merged with the Union in January, 1950. It appears, before merger the town of Samthar had some sort of a Municipal Board for rendering service to its residents. After the merger the town of Samthar was declared a Notified Area and its administration was taken over by the Sub-Divisional Magistrate, Moth (District Jhansi) , who was appointed as an Administrator under Section 333 of the U.P. Municipalities Act as applied to Notified Areas. As the Notified Area Committee had till then not been constituted, he continued to exercise powers of the Notified Area Committee pending its establishment presumably under the aforesaid section of the Municipalities Act.

2. From the averments made by the parties in their affidavits, it appears that there is a large strip of open land belonging to the Notified Area which was formerly held by the Samthar Municipal Board in which a market is held for the sale and purchase of grains. This market is managed by the Notified Area which regulates the transactions of sale and purchase in accordance with its bye-laws framed in the year 1952 (Annexure A to the writ petitio