(1.) HEARD .
(2.) THE petitioner has come before this Court for a direction to the respondent Market Committee for refunding the amount he had deposited while taking settlement of collection of ground rent for the year, 2005. -2006 from the Market Committee. It is not in dispute that the Market Committee advertised calling for offers to take the right to collect ground rent in a particular area. The offer of petitioner was accepted and the petitioner was required to deposit the entire bid amount of Rs. 70,000/ - which the petitioner, admittedly, deposited. A Parwana in this regard was issued. It is not in dispute that when the petitioner went to collect ground rent, the District Development Commissioner -cum -Chief Executive Officer of the Zila Parishad, Supaul informed him that Zila Parishad had made settlement of right to collect ground rent with another person and the petitioner was not authorised to collect the same.It is in this dispute as between the Zila Parishad and the Market Committee that petitioner was not permitted to function. Petitioner, under the aforesaid circumstances, has moved this Court for refund of money which he had deposited.
(3.) ZILA Parishad has also appeared and filed a counter affidavit stating that all the area was not transferred to the Market Committee. Some are was still left with the Zila Parishad on which it could appoint its own person to collect ground rent. It further stated that Zila Parishad was going through a financial crisis and, as such, needed revenue. It had made its own settlement and could not permit the petitioner to collect ground rent.